ABBOTTABAD: The Peshawar High Court (PHC) Circuit Bench in the district has declared the appointment of director-general of the Galiyat Development Authority (GDA) as illegal, without lawful authority and of no legal effect, terming it a violation of section 10 Gallyat Development Authority (Amendment) Act 2020.
A two-member bench consisting of Justice Ibrahim Khan and Justice Shakil Ahmed gave the judgement in a writ petition. The petition was filed by one Sardar Muhammad Ramzan, through Advocate Sardar Tauqir Ahmed.
The respondents included KP chief secretary, secretary establishment, GDA DG Raza Ali Habib, chairman, Board of Governors of the GDA and Hazara commissioner. The petitioner argued that the GDA director-general was appointed in violation of the Khyber Pakhtunkhwa Act 2016, stating that at the time of his posting, he was serving in BPS-18 in Pakistan Railways.
He further argued that in order to accommodate him, an amendment was made in the relevant section of law authorising the government to post an officer not below the rank of BPS-19 as director-general GDA but through a notification, he was appointed in BPS-19 on an acting charges basis which, according to the petition, spoke of malafide intention on the part of the officer.
The petitioner further argued that the respondent also did not possess the qualifications required for posting as DG. The bench while referring to a number of judgements and the relevant laws stated that the petitioner being an officer of BPS-18 cannot be posted as director general GDA. He was appointed as acting charges basis in BPS-19 with effect from 1st April 2021.
They stated that the procedure provided by the ESTA code requires that a person who is transferred and appointed on deputation must be a government servant and such transfer should be made through the process of selection.
The borrowing department has to establish exigency in the first place and then the person who is being transferred and placed on deputation must have matching qualifications, expertise in the field with the required experience.
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