The Peshawar High Court's Bannu Bench has granted interim relief in two cases that challenge the powers of provincial departments to transfer, post and suspend government employees in Khyber Pakhtunkhwa. The bench suspended the two orders and directed that the existing position be kept until a final decision is reached. The cases were heard after emergency and governor's rule were imposed in the province.
The two petitions
The petitioners are Bannu regional municipal officer (RMO) Atiqur Rehman Baloch and assistant director Inamullah. Their counsel, Pir Hameedullah Shah, told the court that the President imposed emergency and governor's rule in Khyber Pakhtunkhwa on October 11, under Articles 232 and 234 of the Constitution. He said the federal government then placed 12 designated districts, including Bannu, under an area development secretariat headed by an additional chief secretary as administrator.
According to the counsel, the federal order gave the prime minister the authority to transfer and post provincial officials serving in those districts. He argued that the secretary of local government suspended Baloch on October 30, and that the director general of the local government department transferred Inamullah to the directorate general on October 15. The petitioners say both orders were issued without approval from the competent authority and are therefore unlawful. These are the petitioners' claims, and the sources do not report any reply from the departments.
What the court ordered
After considering the legal grounds in both petitions, the bench issued pre-admission notices to the respondents. These notices, issued before a petition is formally taken up for hearing, include the administrator of the secretariat, the secretary and director general of local government, and other relevant authorities. The respondents have been directed to submit their comments within two weeks.
The court also issued notices to Assistant Attorney General Taj Mohammad Khan and Additional Advocate General Zahidul Haq, asking for their assistance at the next hearing. Until a final decision is reached, the status quo will stand in both cases. The date of the next hearing has not been reported.
Timeline: what has happened so far
- October 11: According to the petitioners' counsel, the President imposed emergency and governor's rule in Khyber Pakhtunkhwa.
- October 15: Assistant director Inamullah was transferred to the directorate general, according to the petition.
- October 30: Bannu RMO Atiqur Rehman Baloch was suspended by the secretary of local government, according to the petition.
Aasan alfaaz mein
Peshawar High Court ke Bannu Bench ne do sarkari mulazimon ke muamlat mein arzi tor par rahat di hai. Adalat ne hukm diya hai ke faisla hone tak dono cases mein maujooda position barqarar rakhi jaye. Yeh case is sawal par hai ke emergency aur governor's rule ke dauran transfer aur suspension ke ehkaam kis had tak qabil-e-chailanj hain. Abhi tak final faisla nahi aaya, aur mulazimon ki dalilein sirf petitioners ki taraf se pesh hui hain.
