Governor blocks bill over legal concerns

Kundi refuses to sign the Employees Removal Bill, sends it back to K-P Assembly

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PESHAWAR:

Once again locking horns with the provincial government, Khyber-Pakhtunkhwa Governor Faisal Karim Kundi has declined to sign the Khyber-Pakhtunkhwa Employees Removal from Service Bill 2025 into law and has sent it back to the Assembly with objections.

The K-P Assembly had passed the bill and forwarded it to the Governor, aiming to remove more than 10,000 employees who were recruited during the caretaker government.

The Governor has raised several objections to the bill, stating that upon reviewing it under Article 115(5) and Article 116 of the Constitution of Pakistan, certain flaws have been identified that could not only undermine its objectives but also negatively impact the rights of citizens.

He pointed out that the bill includes recruitments made through the notification dated January 22, 2023, which were conducted under the instructions of the Election Commission of Pakistan (ECP). The Governor noted that while the ECP had relaxed the ban on recruitment in certain cases, the appointments made during the caretaker government are considered legal if they were transparent and based on merit, as established in the 2008 PLD 446 judgment of the Supreme Court.

To avoid unjustified dismissals, he recommended that the bill include clarification in this regard.

The Governor also objected to sub-clause (4) of Section 1, which makes the bill effective in the future, while sub-clause (2) allows it to be enforced retroactively. Citing the 2024 SCMR 1168 judgment, he argued that a law nullifying past statutory recruitments is unconstitutional and would violate fundamental rights. Similarly, referencing the 2014 PLC (CS) 304 ruling by the Sindh High Court, he noted that withdrawing legally acquired benefits without reasonable justification is a breach of constitutional rights.

Furthermore, the Governor criticized Section 4 of the bill, which deprives dismissed employees of their right to appeal. He asserted that this violates Article 10A of the Constitution, which guarantees the right to a fair and transparent hearing. He recommended that employees should be given the opportunity for legal defense to ensure justice.

Additionally, the Governor suggested taking action against the officers responsible for illegal recruitments to prevent such irregularities in the future. He emphasized that it would be unjust to penalize only the employees while allowing the officials who made the unlawful appointments to go unpunished.

Considering these objections, the Governor recommended that the government review the bill and amend it in accordance with constitutional requirements to protect employees' rights and ensure transparency. He warned that if the government disregards these recommendations, the bill could face legal challenges in court.