19 May 2004	Wednesday	28 Rabi-ul-Awwal 1425

PESHAWAR, May 18: A two-member bench of the Peshawar High Court on Tuesday sought comments from the National Reconstruction Bureau, the NWFP chief secretary and secretary local government on a writ petition filed by 20 district nazims against the provincial government.

The bench comprising Chief Justice Mian Shakirullah Jan and Justice Qaim Jan Khan also put the NWFP advocate general and deputy attorney general of Pakistan on notice. The bench directed that comments by the respondents should be filed within a fortnight.

The petitioners have challenged a number of steps taken by the NWFP government including formation of NWFP Local Government Commission, posting and transfers of government officers without consultation and approval of the concerned district nazims, etc.

Advocate Qazi Mohammad Anwer appeared for the petitioners and argued that the government had been violating different provisions of the NWFP Local Government Ordinance 2001 while taking various steps without the approval of and consultation with the petitioners in their respective districts.

The nazims have prayed the high court: "It be declared that Rule 25 & Schedule IV of District Government Rules of Business 2001 in respect of posting & transfers of employees is against the spirit of the NWFP Local Government Ordinance 2001 and that district nazim being the head of the district government, no employee in Grade-17 and above can be transferred by the provincial government from the district without his consultation and further that consultation has to be meaningful and his views cannot be ignored without reason."

They further prayed the court to declare that in respect of the employees below Grade-17 the executive district officer/D.C.O etc are obliged by law to seek the approval of the district nazim before issuing the posting/transfer orders of the employees within the district or beyond.

The nazims have also challenged their removal from the district development committee and have requested the court to declare that the Notification No.SO(COORD/P&D/177/04/2003, dated 26-3-2003 of the government of NWFP removing zilla nazim from the chairmanship of the district development committee is illegal and is against the spirit of the Local Government Ordinance, the same be set aside and it be directed that District Development Committee is to be headed by the Zilla Nazim.

The petitioners prayed the high court to declare that MNAs and MPAs are required to concentrate on legislation business in the legislature and should not interfere in the development schemes in the district and further instructions to the provincial government that public money be not wasted in the so-called allocation of the development funds to the MNAs and MPAs for utilization on their selective schemes.