Premature transfers by the caretaker govt challenged before SC

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Unlike the rest of his peers, former secretary industries and presently secretary Capital Administration Division Shafqat Naghmi has challenged his premature transfer by the caretaker government of Mir Hazar Khan Khoso before the Supreme Court. He has alleged that the transfer decision gave no reason for the act and was hence in violation of the apex court’s order in the Anita Turab case.

The case, which is expected to be taken up by the apex court on Tuesday, is likely to become the first major charge of bad governance against the caretaker government, as the officer has also hinted of his abrupt removal from the industries division as he was not prepared to approve a shady deal of a building purchase.

Quite a few federal secretaries have been prematurely transferred by the Khoso administration during its 30-day rule but except for Naghmi no one has dared to challenge the actions of the chief executive.

In the Anita Turab case decided by the apex court in the recent past, the federal and provincial governments were strictly asked to desist from transferring officers prematurely and without completion of their three-year tenure. The apex court had also directed that in cases where the premature transfer of the officer is required, the authority must assign reasons in writing. Such reasons, it was added, could be challenged in a court of law.

Shafqat Naghmi has conveyed in his petition that he was prematurely transferred on the eve of a scheduled meeting of Utility Stores Corporation (USC) that was to decide against a shady deal for the purchase of Rs1.75 billion worth building Islamabad for USC. Twice earlier the USC board had rejected the deal but it came up before the board for the third time.

A night before the said USC board meeting, PM Khoso got Naghmi transferred by an officer, who was to retire in a few weeks time. Next day Naghmi was not even allowed to attend his office as his replacement assumed the charge of secretary industries without evening waiting for him to relinquish the change. He had to do that from his home.

Naghmi had also told the Election Commission of Pakistan that some other secretaries have also been removed without completion of their tenures but Fakhru Bhai-led Commission did not move against the government. “Postings appear to have been done to accommodate favourites. Several officers have been given postings where normally, senior officers are posted as they require sufficient experience,” Naghmi’s letter to the ECP reads.

After seeing that the ECP had turned a blind eye to his cries, Naghmi decided to approach the Supreme Court. The transfers of Nasir Khosa and Sami Saeed are perhaps the two most glaring violations of the SC’s decision in the Anita Turab case, as both the secretaries were transferred within a fortnight of their first appointment by the Khoso administration.