LHC declares Punjab’s ban on transfers, postings as unlawful

  • An overreach of executive power disturbs the balance, observes  Justice Asim Hafeez in his eight-page verdict

LAHORE: The Lahore High Court (LHC) on Friday struck down the notification banning the transfers and postings of government employees in Punjab.

On March 1, the incumbent Punjab government, through a notification, banned the transfers and postings of the employees.

LHC’s Justice Asim Hafeez issued an eight-page verdict, declaring the Punjab government’s decision to ban the transfers and postings of government employees as unlawful.

The ruling emphasized that civil servants and bureaucracy were subordinated, thus elevating the chief minister’s authority, which disrupted the administrative balance of checks and balances.

The LHC bench observed that an overreach of executive power disturbs this balance and that misinterpretation of constitutional amendments raised questions regarding the admissibility of the petitions before constitutional benches.

The court clarified that any decisions regarding appointments and transfers taken between the notification and the court’s verdict will remain effective.

On March 1, Punjab Chief Minister Maryam Nawaz Sharif imposed a ban on postings and transfers in the province, till further orders.

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In case of any posting/transfer, which is required to be made on extreme hardship, compassionate or administrative grounds, prior approval would be sought from the Chief Minister through a summary containing details of tenure of the officer and vacancy position, etc.

Maryam Nawaz passed the orders after taking notice of the problems faced by the citizens due to keeping goods in front of the shops.

The citizens complained to the Chief Minister Punjab Maryam Nawaz that the shopkeepers had kept the goods outside. They are facing serious problems in traffic due to the encroachment of the stalls and carts that also lead to everyday accidents.

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