September 05, 2007	Wednesday	Sha'aban 22, 1428

PESHAWAR, Sept 4: The Peshawar High Court on Tuesday referred to a larger bench a writ petition filed by Buner district nazim challenging an order of the government that has transferred a doctor without consulting him.

A division bench comprising Justice Saleem Khan and Justice Jehanzeb Raheem observed that a petition on the same subject matter had already been sent to the high court’s chief justice for constituting a larger bench.

The bench ordered that the petition filed by the nazim, Abdur Rauf, should be attached with the earlier petition filed by Mardan district nazim Himayatullah Mayar.

According to the petition, a medical officer at the district headquarters hospital in Daggar (Buner) was transferred to Battagram by the provincial government without consulting him.

The petitioner’s counsel Ameenur Rehman contended that under sections 31 and 191 of the NWFP Local Government Ordinance the provincial government had to frame rules of business for smooth running of the affairs of the district.

He said that the NWFP Local Government Rules were framed under the said sections. He contended that Rule 25 required the provincial government to consult the district nazim for appointment, posting and transfer of officials in grade 17 and above.

He said that the impugned order for posting and transfer was issued in violation of the local government laws and thus was illegal.

The lawyer pointed out that a high court bench had last year declared such like acts of the provincial government illegal and the said judgment had been upheld by the Supreme Court.

However, the bench observed that in the said case the point whether the nazim had any locus standi to challenge such orders of the provincial government was not decided by the Supreme Court.

The bench inquired from the counsel why the said employee had not been challenging his transfer.

Justice Saleem Khan observed that under section 132 of the NWFP Local Government Ordinance, 2001, the provincial local government commission was empowered to decide a dispute between the local and provincial government. The judge inquired why the petitioner had not been approaching the commission for resolving the dispute.

Finally, the bench decided to refer the petition to the larger bench constituted for hearing identical petition.