In Islamabad, the Supreme Court has ruled that the interference of a tribunal or a court in matters related to appointments and transfers constitutes an infringement on the administrative sphere and violates the fundamental principle of the separation of powers as outlined in the Constitution.
A three-member bench, led by Chief Justice Umar Atta Bandial, has issued a concise three-page decision overturning the Balochistan Service Tribunal’s previous ruling.
Justice Athar Minullah, a member of the bench, authored the judgment, emphasizing that the authority to transfer a government employee from one location to another to meet job requirements lies within the discretion of administrative authorities. The judgment asserts that interference in this process is inappropriate unless there are exceptional circumstances that directly affect the terms and conditions of employment.
In this particular case, Principal Loralai Medical College, Dr. Shamsullah Bazai, was transferred to the position of Professor in the Department of Ophthalmology at Bolan Medical College, while the plaintiff in the case was appointed as Principal of Loralai College.
Dr. Shamsullah Bazai lodged a departmental appeal against this decision, which was subsequently rejected. He then appealed to the Balochistan Service Tribunal, where his appeal was approved.
Nevertheless, the Supreme Court invalidated the tribunal’s decision, emphasizing that it is not an absolute right of a public servant to demand appointment or transfer to a specific location of their choice or to continue working there. The timing of appointments and transfers is determined by the discretion of the employer or the relevant authority. Judicial scrutiny of appointment and transfer decisions should only occur when there is a clear violation of the law or evidence of malice.
The Court firmly asserted that the Service Tribunal had no grounds to interfere with the respondent’s appointment and transfer orders, and its actions were not in accordance with established regulations.
