PHC stays transfer of Director Finance Capital Metropolitan Peshawar
PESHAWAR (APP): The Peshawar High Court (PHC) here Thursday stayed the transfer of Director Finance Capital Metropolitan Peshawar Nasimullah Kundi.
A division bench of Peshawar High Court comprised of Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad heard a writ petition filed by Nasimullah Kundi, Director Finance, Capital Metropolitan Peshawar who was transferred by the Chairman Local Council Board by strength of a permission from the Election Comission of Pakistan.
Senior Advocate Mian Muhibullah Kakakhel assisted by advocate Nouman Muhib Kakakhel appeared on behalf of the petitioner.
The counsels argued that the petitioner has been transferred and directed to report to the Local Council Board which is indirectly making him Officer on Special Duty (OSD) which is only done to punish employees.
The counsels argued that normal tenure over each posting was three years.
The counsels argued that petitioner is due to retire in September 2023 and one year before age of superannuation, employees of Local Council Board are to be kept posted at a station on their option.
The counsels argued that the petitioner has no alternate and efficacious remedy, therefore a writ petition is competent instead of going to the service tribunal.
The bench after hearing arguments of the counsels for petitioner issued a restraining order and stopped the Government and Local Council Board from acting on the transfer order.
