Court suspends CM orders on Kohat BISE chairman’s transfer

Issues notice to KPEC

PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the Khyber Pakhtunkhwa chief minister’s orders on transfer of the chairman of the Board of Intermediate and Secondary Education (BISE) in Kohat, and restored him to his previous position till the next order.

A two-member bench comprising Justice Irshad Qaiser and Justice Syed Afsar Shah suspended the orders. The chief secretary and secretary schools were directed to submit a reply before the next hearing.

Kohat BISE Chairman Professor Aqal Zada had challenged the chief minister orders on his transfer in the high court through his lawyer Anwarul Haq.

During hearing, the petitioner’s lawyer submitted the chief minister issued the transfer order of the petitioner at a time when the matriculation exams had started, which, he believed, could greatly affect the board’s administration and results of the board.

He submitted that the chief minister had neither issued a prior show cause notice to the petitioner for removing him from the office nor cited any reason about the transfer. He said the petitioner was appointed on deputation for a period of three years and one year was still left to his assignment.

The lawyer prayed the court to declare the transfer order void because no legal and constitutional requirements were fulfilled before issuing the order.

Meanwhile, the Peshawar High Court on Tuesday issued a notice to Khyber Pakhtunkhwa Ehtesab Commission (KPEC) in a writ petition by a former secretary mines and mineral Mian Waheeduddin seeking court’s order to declare two references filed against him as void.

A two-member bench comprising Justice Irshad Qaiser and Justice Syed Afsar Shah issued the notice to KPEC director general. He was directed to submit a reply in the case within 10 days.

During hearing, the petitioner lawyer, Muazzam Butt, submitted that the provincial government had recently made amendments to the KPEC Act. He said the references filed against the petitioner about illegal mining had become ineffective after the fresh amendments as the KPEC under the new amendments would prepare fresh references.

He prayed the court to declare the earlier two references against the petitioner as void and against the amended KPEC law.The bench issued the notice to the KPEC to submit reply in the case and fixed April 13 for the next hearing.

The high court on July 22, 2015 had already stopped the KPEC from arresting the petitioner in the case and the writ petition was still pending.The petitioner, whose arrest warrants were issued by the commission, insisted the inquiry was based on mala fide intentions.

The commission has already arrested the provincial minister for Mines and Mineral Development Ziaullah Afridi, and Director General Dr Liaqat Ali.The petitioner had been serving in the Mines and Mineral Development Department as secretary since his appointment on July 15, 2013 by the provincial government.