PESHAWAR, July 4: A bench of the Peshawar High Court on Wednesday requested the chief justice to constitute a larger bench for hearing a petition filed by Mardan district nazim, challenging the the pro-

vincial government’s move to transfer the district officer (revenue).

The nazim, Himayatullah Mayar, stated that the NWFP government through a notification transferred the revenue officer, Rehmatullah Wazir, and posted him as deputy secretary, Board of Revenue at Peshawar without consulting him, which was violation of the rules.

The bench, comprising Justice Dost Muhammad Khan and Justice Jehanzeb, Raheem decided to refer the petition to the chief justice as the bench’s members had a difference of opinion over the issue.

Earlier, the high court accepted petitions filed by respective nazims and ruled that the transfer of an officer of grade 17 and above by the provincial government without consulting the district nazim was illegal.

Justice Dost Mohammad was member of an earlier bench which had accepted a petition of a nazim and ruled that transfers and postings without consent of nazim were illegal.

Contrary to those judgments, Justice Jehanzeb Raheem raised a point whether the nazim had the right to challenge transfer of an official. He observed that the matter could be challenged by the aggrieved person before the Services Tribunal.

The petitioner’s lawyer, Mohammad Jamil Khan, contended that in earlier judgments, the high court had ruled that a nazim should be consulted in transfers and postings of officials in grade 17 and above, adding that the judgments had been upheld by the Supreme Court.

Justice Jehanzeb Raheem observed that the point that nazim was not an aggrieved person might not be raised before the Supreme Court. Moreover, he observed that under the Local Government Ordinance, 2001, the proper forum provided for settling such disputes was the Local Government Commission.

Justice Raheem observed that if there was a dispute between two governments, it could be challenged before the Supreme Court under Article 184 of the Constitution.

The bench decided that an important point was involved and, therefore, it should be referred to the chief justice.