Once an Official has assumed New Duties, their Challenge to the Transfer Order becomes Legally Untenable --- Islamabad High Court, Islamabad

Islamabad 18-03-2025: The Islamabad High Court (IHC) has dismissed a Writ Petition filed by a BPS-19 officer of the Pakistan Administrative Service, challenging his premature transfer from his foreign posting as Director General (Hajj), Jeddah, Saudi Arabia, back to the Establishment Division. The Court ruled that once an official has assumed new duties, their challenge to the transfer order becomes legally untenable.  

The Counsel for the petitioner, argued that his transfer violated Section 3.2, Clause (xi) of ESTACODE (Edition-2021), which mandates strict adherence to fixed foreign post tenures. However, the Additional Attorney General, Barrister defended the government’s decision, citing complaints against the Petitioner regarding mismanagement of facilities for Pakistani pilgrims in Madinah and Arafat.  

Mr. Justice Khadim Hussain Soomro, while dismissing the petition, emphasized that the Petitioner’s assumption of duties at the Establishment Division constituted acquiescence, rendering the matter moot. The Court also criticized the petitioner for securing an interim stay order without disclosing that he had already complied with the transfer. Referring to the legal principle of uberrima fides (utmost good faith), the Court stressed that non-disclosure of material facts can lead to the dismissal of a petition.  

The ruling reaffirms the principles of administrative law, emphasizing that Civil Servants must comply with government orders unless a clear legal violation is established. Additionally, it underscores that petitioners must approach Courts with clean hands, failing which their case may be dismissed on grounds of misrepresentation and non-disclosure.  

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