Tuesday, September 10, 2013

Restraining To Transfer, C.P

IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional Jurisdiction)
Constitution Petition # -D-                /2012


MUHAMMAD …………………………………          PETITIONER

VERSUS

1.    PROVINCE OF SINDH through
Chief Secretary, Government of Sindh,
Sindh Secretariat, Karachi.

2.     SECRETARY LOCAL GOVERNMENT
Government of Sindh,
Sindh Secretariat, Karachi.

3.     DIRECTOR-II,
Sindh Local Government Board,
Local Government Department
Government of Sindh.     ……………….…RESPONDENTS


CONSTITUTION  PETITION  UNDER  ARTICLE  199 OF  THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.

The petitioner, above named, respectfully begs to submit as under:-

1.     That the petitioner is a law abiding citizen and always follows the law of land. The petitioner was posted as Secretary Union Council, Natha Khan Goth, Shah Faisal Town, Karachi.

2.     That the respondent No.1 is administrative head of Government departments and the respondent No.2 deals with the matters relating to the local governments, and the respondent No.3 is competent authority to transfer the petitioner. the respondents are bound to act in fair and just manner but unfortunately they have thrown all legal norms to the wind have acted in a most arbitrary manner for their personal motives. Photocopy of Transfer Order and Joining Letter are coupled herewith and marked as annexure “A” & “B

3.     That on 24th September, 2012, the respondent No.3 transferred the petitioner to Union Council, Natha Khan Goth, Shah Faisal Town, Karachi, thereafter, the petitioner submitted joining Letter before the Assistant Director,  local Government Karachi.

4.     That the petitioner after the transfer from Natha Khan Goth to perform his duty as Secretary U.C 7, Sharifabad  Liaqatabad Liaqatabad Town, Karachi, the respondent No. 3 called the petitioner and said verbally that you are transferred at district Badin, the transfer letter shall be delivered within a week. It is pertinent to mention here that the respondent without any fault the petitioner was transferred malafidely without any reason or cause.

5.     That the petitioner is not being allowed by the respondent to continue his duty and he is frequently transferred to many towns at Karachi and he is in other district of province of Sindh with malafide intention without any reasons. That the respondent No.3 made the life of the petitioner miserable by transferring from one post to another post in many town of Karachi without any complaint. This all frequent transfer of the petitioner shows the malafide of the respondent No.3 for extraneous condition.

6.     That the petitioner is transferred by the respondent No.3 frequently on the political basis and extraneous condition.

7.     That this Honorable Court would not appreciate and also condemns the frequent transfer of the employee from one place to another which only causes disturbance to the petitioner due to that reason the petitioner will not perform his work properly.

8.     That this Hon’ble Court has to review the executive power of the respondent No.3 who illegally exercises his powers and frequently transferred the petitioner with malafide intention.

9.     That the petitioner is lawfully entitled to seek protection from this Honorable Court of their valuable right over the lease land as lawful title documents are in their possession and this is fit case in which this Honorable Court may interfere and issue writ to meet the ends of justice.

10.                           That the petitioner in order to redress his grievances has approached to the hierarchy of the respondents as stated above in the body of this petition, but no fruitful result came out.

11.                           That under Article 4 of the Constitution this is an inalienable right of every citizen to be dealt with in accordance with law and whenever right of a citizen is violated and brought to the notice of High Court should be investigated and appropriate order is to be passed in exercise of its jurisdiction under Article, 199 of the Constitution.

12.                          That no other adequate remedy is available to the petitioner for seeking direction against the respondents except by filling this constitution petition in this Honorable Court.

13.                          That there is no impugned order in this constitution petition, and the petitioners have not filed any other petition prior to this constitution petition nor they have filed any complaint before any court of law on the subject matter for the relief prayed herein.

14.                          That the petitioners crave leave to press additional grounds at the time of hearing of the instant petition before this Honorable Court.
PRAYER
a)     Issue a writ of mandamus directing and restraing therein to the respondents, to let the petitioner to perform his duty as Secretary U.C 7, Sharifabad  Liaqatabad Liaqatabad Town, Karachi, and  the respondent No. 3 not to do anything which may be detrimental to the interest / rights of the petitioner.

b)    To direct the respondent No. 3 not to transfer frequently the petitioner to many towns i.e. district Badin which causes the life of the petitioner miserable and disturbance to the petitioner due to that reason the petitioner will not perform his work properly

c)     Any other efficacious and equitable relief (s) as this Honorable Court may deem fit and proper under the circumstances of this constitution petition.
Karachi.
Dated: 03-10-2012.
PETITIONER

Advocate for the Petitioner

VERIFICATION

                             I, MUHAMMAD S/o Muhammad, Muslim, adult,  Presently posted as Secretary Union Council No. 7 Sharifabad  Liaqatabad  Town,, Karachi, do hereby state and verify on oath that whatever has been stated above is true and correct to the best of my knowledge, information and belief.
Deponent ___________
CNIC #. __________________
Mobile No. ________________
  
Identified by me

                            Advocate
          Oath administered before me by the deponent above named at Karachi on this ____ day of September, 2012, the deponent is identified to me by Mr. S.M ZUBAIR advocate, who is personally known to me.        

Commissioner for taking affidavits


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