BEFORE HONOURABLE PUNJAB SERVICE TRIBUNAL, LAHORE

SERVICE APPEAL NO: ____________________________/2013

____, SON OF ____, RESIDENT OF _____.
…….Appellant
VERSUS
1. INSPECTOR GENERAL POLICE, PUNJAB , LAHORE.
2. ADDITIONAL INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE.
3. REGIONAL POLICE OFFICER, GUJRANWALA.
4. CITY POLICE OFFICER, GUJRANWALA.
…….Respondents
APPEAL
UNDER SECTION 4 PUNJAB SERVICE TRIBUNAL ACT AGAINST
TRANSFER ORDERS DATED 04.09.2013, PASSED BY RESPONDENT
NO. 2, WHEREBY THE APPELLANT WAS TRANSFERRED FROM
PUNJAB POLICE, GUJRANWALA REGION TO PUNJAB HIGHWAY
PATROL.
Respectfully Sheweth:
1. That through the instant appeal, the appellant humbly seeks indulgence
of this Honourable Tribunal for setting aside transfer order dated
04.09.2013, whereby the appellant was transferred from Gujranwala
Range, Punjab Police, while he was posted at Police Station ___, to Punjab
Highway Patrol by Additional Inspector General of Police,
Punjab/Respondent No. 2. Vide aforesaid transfer order, 7 ASIs were
repatriated from Punjab Highway Police to their parent Region i.e.
Gujranwala, whereas, 7 ASIs, including the appellant, were transferred to
Punjab Highway Patrol from Gujranwala Range. The appellant has been
intimated for relinquishing charge by Respondent No. 3 communicated
through Rapat dated 16.12.2013. Copies of transfer order dated
04.09.2013 passed by Respondent No. 2 & Rapat dated 16.12.2013 are
appended herewith for kind perusal of this Honourable Court as Annex-A &
B.
2. That succinctly stated facts giving rise to the filing of instant appeal are
that the appellant was selected as Constable in Punjab Police on
17.04.1999 and after his appointed he was posted at Police College,
Sahala. The Appellant was promoted to the post of Head Constable in the
year 2005 and in the year he was promoted as Assistant Sub Inspector.
The appellant served in Sahala College till 2008 and thereafter, he was
transferred to Gujranwala Range. The appellant has an unblemished
service record. Not even a single complaint from any quarter has ever been
received by the superiors of the appellant against him.
3. That the appellant was transferred from Gujranwala Region, Punjab
Police to Punjab Highway Patrol, Gujranwala Region vide transfer order
dated 13.08.2012. Copy of transfer order dated 13.08.2012 is Annex-C.
4. That subsequently, the appellant was transferred from Punjab Highway
Patrol to Gujranwala Region (Sialkot District) Punjab Police vide transfer
order dated 27.11.2012. Copy of transfer order dated 27.11.2012 is Annex-
D.
5. That thereafter, the appellant was transferred to Gujranwala District from
Sialkot District vide transfer order dated 26.02.2013. Copy of transfer order
dated 26.02.2013 is Annex-E.
6. That the appellant was again transferred to Punjab Highway Patrol vide
impugned transfer order dated 04.09.2013 passed by Respondent No. 2
(Annex-A), the appellant has also submitted an application before Inspector
General of Police/Respondent No. 1 against his transfer order, however,
nothing has been decided upon said application despite expiry of 90 days.
Copy of representation/Departmental appeal dated 06.09.2013 is Annex-F.
7. That Order dated 04.09.2013, whereby, the appellant was transferred
from Gujranwala Region (Gujranwala District) to Punjab Highway Patrol, is
not sustainable in the eyes, suffer from surmises and conjectures, hence,
liable to be set aside inter-alia on the following:
GROUNDS
(i) That the impugned transfer order has been passed in sheer violation of
law laid down by Apex Court in transfer matters. At the time of transferring
a Public Official, the superiors must follow guidelines and principles
envisaged in the precedents. Although Transfer is prerogative of the
employer, however, same is liable to be called for if exercised arbitrarily. In
the matter in hand, transfer police, rules, regulations & precedents have
been overlooked and the appellant has been transferred in disregard of the
same.
(ii) That the appellant has been frequently transferred by the authorities
without any reason. His frequent transfers within a short span of one year
amounts to penalize him. A perusal of transfer orders supra dated
13.08.2012, 27.11.2012, 26.02.2013 and 04.09.2013 (impugned order)
reveal that the authorities have transferred the appellant 4 times in 11
months, meaning thereby, the appellant has not been allowed to continue
his work at one place for more 3 months. It has been held by Apex Court in
various judgments that practice of frequent transfers in a short span of time
adversely effects efficiency of civil servants, moreover, they also lose their
confidence and faith.
Reliance is placed upon: 1995 SCMR 1844.
(iii) That the appellant has a clean, unblemished and an outstanding
service career. While his posting at Police Station ___ (wherefrom he was
transferred to Punjab Highway Patrol vide impugned transfer order), he
was granted Certificates twice for his good and outstanding performance by
arresting criminals involved in heinous crimes. Copy of orders dated
19.09.2013 is Annex-G.
(iv) That after the appellant submitted his representation before
Respondent No. 1 for cancellation/withdrawal of his transfer order,
Respondent No. 1 sought comments from Respondent No. 3 vide letter
30.09.2013. Respondent No. 3 directed Respondent No. 4 to report in the
matter. Respondent No. 4, vide letter dated 02.12.2013, reported to
Respondent No. 4 that his office had no objection if transfer order dated
04.09.2013 is cancelled. However, instead of forwarding comments of
Respondent No. 4 to Respondent No. 1, the Respondent No. 3 has issued
directions to the appellant for relinquishing charge vide Rapat dated
16.12.2013 (Annex-B). Copies of letter dated 30.09.2013 & 02.12.2013 are
Annex-H & I.
(v) That while Respondent No. 1 had sought comments from Respondent
No. 3 and Respondent No. 4 had also given comments in favour of the
appellant, direction of Respondent No. 3 to the appellant for relinquishing
charge is tainted with malafide; hence, this Honourable Court has ample
jurisdiction to interfere and look into the matter.
(vi) That it is pertinent to mention here that the salary of the appellant for 8
months has also not been released. Copy of letter for attachment of pay
dated 20.08.2013 is Annex-J.
(vii) That the appellant humbly seeks permission of this Honourable
Tribunal to raise additional grounds at the stage of arguments.
PRAYER
In aforementioned circumstances, it is humbly prayed that instant appeal
may kindly be accepted and order dated 04.09.2013 passed by
Respondent No.2/Additional Inspector General of Police, whereby, the
appellant was transferred to Punjab Highway Patrol from Gujranwala
Region may graciously be set aside.
Any other relief which this Honourable Court deems fit and appropriate may
kindly also be granted.
APPELLANT
THROUGH
ZEESHAN AHMAD MALIK
ADVOCATE HIGH COURT
66/3, Hajvery Complex, 2-Mozang Road, Lahore.
CERTIFICATE:
It is certified that upon instructions of my client it is the 1st appeal filed
before this Honourable Tribunal in the instant matter.
ADVOCATE