PESHAWAR: Justice delayed is justice denied. Two years after knocking at the doors of justice, a BPS-22 officer hung up his boots on Monday, waiting for the justices to address his grievances and get those responsible for clipping his wings to respond to his pleas.

Khyber Pakhtunkhwa Assembly secretary Amanullah Khan, administrative head of the constitutional body, had approached the Peshawar High Court around two years ago when Speaker Asad Qaisar delegated his (Amanullah’s) administrative and financial powers to his junior in Sept 2015.

The secretary got retirement but his case is still pending in the court. The PHC had issued four reminders to the respondents to file comments but they all were apparently ignored.

In the last reminder issued to the respondents on March 7, 2017, the two-member bench stated, “Vide order dated 19.4,2016, respondents No. 1 (speaker) and 2 (special secretary) were directed to file comments within fortnight days but till date, they have failed to file the same.”

Amanullah had moved PHC two years ago against clipping of powers by speaker

The speaker had clipped the powers of the secretary when the later opposed the creation of new posts, fresh appointments and sending lawmakers to the United Kingdom for training and learning parliamentary decorum. The assembly signed a memorandum of understanding with the British Council and sent lawmakers to England and Scotland for weeklong training on the taxpayers’ expenses.

Through an order, the speaker had issued an order saying the secretary would look after the matters related to legislation and meetings of the public accounts committee. The rest of powers, financial and administrative, were delegated to the special secretary, a post specifically created for the purpose.

“In anticipation of the approval by the relevant finance committee, the speaker is pleased to upgrade and re-designate the post held by Nasrullah Khan Khattak, additional secretary (administration), from BPS-19 to the post of secretary (administration, finance, and accounts) in BPS-20 and is promoted against the said post,” said a notification issued in 2015.

“This is a unique experiment in the parliamentary history of the country that the speaker bifurcated powers of the secretary and delegated his (secretary) key functions to special secretary,” remarked Amanullah Khan, who had assumed the charge of his office in 2010.

He claimed that the speaker had used his powers arbitrarily by clipping his powers and delegating them to another officer.

In the petition, the former secretary pleaded that the speaker had issued notifications in violation of the law and rules with arbitrary exercise of powers. He added that he was not treated in accordance with the law and that his rights secured and guaranteed under the law and Constitution had been violated.

After superannuation of Amanullah Khan, there are three senior officials in the race for the post of the secretary of the provincial assembly.

However, the question rises whether the formula of bifurcation of the secretary’s power would apply to the new officeholder.

Sources said additional secretary Kifayatullah Afridi, special secretary (admin, finance and accounts) Nasrullah Khan Khattak and special secretary Attaullah Khan are in the race for the post of the secretary.

They said Mr Afridi was the most senior among the three officers and that seniority mattered in the elevation to the post of secretary.

Published in Dawn, August 15th, 2017