ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 1256 of 2021

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on CMA No.5728/2021 (U/A)

2. For orders on office objections at Flag-A

3. For orders on CMA No.5729/2021 (Ex./A)

4. For hearing of main case

5. For orders on CMA No.5730/2021 (Stay)

10-08-2021

Mr. Qurban Ali Kalwar, Advocate for the petitioners.

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1. Urgency is granted.

2 to 5. Through this petition, the petitioners who are presently employed as Police Constables in the Sindh Police Department have impugned order dated 13-07-2021, issued by D.I.G. Police, Special Branch, Karachi, whereby the petitioners have been transferred from Special Branch, Sukkur to Special Branch, Karachi.

At the very outset, petitioners’ Counsel was confronted as to any illegality in the transfer order and so also the very maintainability of this petition, and in response, he has argued that the petitioners have been transferred for having performed their duties diligently, as according to him, the petitioners had seized various consignments of narcotics and gutka. However, we are not satisfied with this response inasmuch as the petitioners, being in employment of the Province of Sindh, can be transferred and posted in the entire province and cannot claim as a matter of right that they should be posted at any one particular place. Moreover, being Police Constables, it is their duty and obligation to perform the assigned jobs including seizure of any contraband, and for that, no special treatment has to be accorded so as to claim posting at a particular place.

Needless to mention that even otherwise transfer and posting is a matter of terms and conditions of service, and in that case, a Civil Servant has its remedy before Service Tribunal as the jurisdiction of this Court is barred in terms of Article 212 of the Constitution and the dicta laid down in a number of cases including the cases reported as Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456), Peer Muhammad v Government of Balochistan (2007 SCMR 54), Altaf Hussain v Province of Sindh [2012 PLC (C.S) 489] and Niazamuddin v Government of Sindh [2014 PLC (C.S) 914].

In view of hereinabove facts and circumstances of this case, the petition appears to be misconceived as well as not maintainable, hence, the same is dismissed in limine with pending applications.

J U D G E

Abdul Basit