SC stays implementation of CDA Chairman's transfer order

ISLAMABAD: The Supreme Court on Monday stayed the implementation of transfer order of the Chairman of Capital Development Authority (CDA) till adjudication of the issue.

The court also directed the Secretary Establishment Division, Principal Secretary to the Prime Minister and the CDA Chairman to submit their concise statements by Tuesday regarding their respective positions.

The three-member bench of Justice Jawwad S. Khawaja, Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan took up a suo motu case regarding transfer of CDA Chairman on March 16 as reported by a number of print media, alleging violation of principles laid down by the court in Aneeta Turab's case.

The bench in its directive further ordered the Secretary Establishment Division to submit till Tuesday a report indicating particulars of all 25 civil servants whose transfers and posting orders were passed on March 16.

The bench made it clear to the secretary concerned that the implementation of these notifications might also be stopped as the court would probe the serious issue.

The court, in its order, noted that since the date of judgment in Aneeta Turab's case, they had noted in some other cases also that there might be violation of the law enunciated in terms of Article 189 of the Constitution.

It observed that the issue required in-depth and serious probe as 'all the executive authorities under Article 190 of the Constitution are obliged to act in aid of the Supreme Court'.

During the course of proceedings, Secretary Establishment Division Taimur Azmat Osman appeared and submitted a summary for transfer of Tahir Shahbaz, CDA Chairman.

He apprised that between March 13 to 16, he was repeatedly asked by the Principal Secretary to the PM Muhammad Ayub Qazi for the transfer of the said officer.

He said that when he sought reasons for mentioning in the summary under the Supreme Court's principles laid down in its November 12, 2012 decision, he was told that the said officer had himself requested for the transfer.

To a bench's query, he replied that in cases of civil servants, serving in BS 21 and above, the posting and transfer orders were passed by the competent authority whereas the cases below these grades were looked into by the secretary.

Secretary Cabinet Division Nargis Sethi appeared in person and stated that she was never in the picture over the transfer issue of CDA Chairman and maintained that the notification was issued by the Secretary Establishment.

The bench was also informed that the transfer orders of both the officers, the CDA Chairman and the Chief Commissioner Islamabad, had not been affected as two continued to hold their respective offices.

CDA Chairman Tahir Shahbaz rejected the stance of his superiors by saying that he had never requested for his transfer.

He said that he had a brief discussion with the secretaries over the issue of nomination of a member of CDA Board as he told them that being the head of civic agency, he should be consulted over such issues.

He said that he had taken position in the past that he would not stick to the post in case he was forced to go against the relevant laws.

Responding to a bench's question, Shahbaz replied that he was appointed on that post on October 2, 2012.

Chief Commissioner Islamabad Tariq Pirzada also maintained that he had never requested anyone about posting on the said post.

Addressing the Secretary Establishment Division, Justice Jawwad S Khawaja observed that they might have sufficient reasons for the transfer of CDA chief but the court would look whether its declared law over the civil servants case had been violated or not.

The Secretary Establishment Division apprised that there were about 3,000 federal civil servants belonging to administration, secretariat and police services, whose affairs were being run by the Division.

Justice Khawaja observed that if any civil servant was found lobbying for a post, he could also be declared guilty of misconduct.

"The case is of utmost importance for the whole nation and administrative officers of the state," he added.

He said that in reality, the affairs of the state were run by the civil servants as the political governments might come and go.

Further hearing was adjourned till Tuesday.