DG KDA challenges transfer in SHC

Maqbool Ahmed

22nd Oct, 2021. 03:26 pm

A file photo of the Sindh High Court in Karachi.

KARACHI: Justice Irfan Saadat Khan of the Sindh High Court (SHC) recused himself from hearing the petition of Director-General Karachi Development Authority (KDA) Asif Ali Memnon on his transfer.

On Thursday, Justice Khan recused himself from hearing the petition once he learnt that Advocate Yousuf Saeed would be the counsel. He also observed that the interim order passed in the matter earlier would continue till the next hearing.

In his petition, the bureaucrat had listed the chief secretary and secretary services, general administration and coordination department (SGAOD) as respondents.

The petitioner informed the court that he was working as a special secretary in School Education and Literacy Department till his transfer as DG KDA on August 3. He told the court that he was transferred and was also given the additional charge of the special secretary in the department.

The petitioner stated that he joined as DG KDA, which was purely a cadre tenure post.

On October 12, stated the petitioner, he was transferred from the post of DG KDA and given a regular post of special secretary.

The petitioner submitted that his tenure remained unblemished, flawless and no complaints were filed against him.

He alleged that the respondents, at the behest of the politicians, transferred him to accommodate influential officers.

The petitioner further claimed that in his place, an officer of grade 19 was transferred to KDA as member administration and eventually given the additional charge of DG.

The petitioner added that the respondents by authorising the transfer acted illegally, and also violated a superior court order that prohibits the posting of lower grade officers on a seat allocated for a higher ranking officer.

The petitioner submitted that according to Sindh Government Rules of Business 1986, the post of DG KDA is tenure protected post. He also cited the Anita Turab case in which the Supreme Court had ordered that if a tenure protected officer was transferred, then detailed reasons must be provided.

The petitioner claimed that no reason was given for his frequent transfer and urged the court to declare his posting illegal and reinstate him as DG KDA.