Defying orders: PHC bans transfers in K-P depts

CJ orders secretary establishment, chief secretary and secretary education to reply.

PESHAWAR:

The Peshawar High Court (PHC) has imposed a ban on government officials being transferred to any department in Khyber-Pakhtunkhwa (K-P) unless compelling circumstances deemed it necessary.

The court also served the secretary of education with a contempt of court notice for failing to comply with orders to relocate officials of the education department who had already been transferred.

These orders were issued during a case hearing by a division bench headed by Chief Justice (CJ) Dost Muhammad Khan and comprising Mrs Justice Irshad Qaisar.

The petition was filed by Gohar Khan, Abdul Malik and Ziaur Rehman. The attorney for the petitioners Abdul Samad informed the bench that despite the court’s orders, his clients’ transfer orders were yet to be withdrawn.

Samad said that his clients had been from the management cadre and were transferred to perform teaching duties in K-P, although the three have no previous teaching experience.

CJ Khan said that there were political motives behind all transfer postings, especially those concerning teachers, ahead of the general elections.

Expressing serious concerns, CJ Khan said the court’s orders were being violated and given no weight, while transfer orders based on political motives were being complied with.

“It is clearly mentioned in the Civil Servant Act that every transfer should be made in the public’s interest. Tell everyone to end this trend otherwise the court will take action,” CJ Khan said.

Section Officer Education Department Hidayatullah Khan informed the bench that it had been decided that petitioners will be relocated back to the management cadre, however, after the court’s orders the policy initiated by the government in 2009, to divide the teaching and management cadres, had been revised.

The bench then issued show-cause notices to the chief secretary, secretary establishment and secretary education to submit their reply as to why a policy had been changed against court orders.

Published in The Express Tribune, November 14^th, 2012.