Service Tribunal stops pre-mature transfer of DPP

Humayun Khan

PESHAWAR: The Khyber Pakhtunkhwa Service Tribunal stopped pre-mature transfer of District Public Prosecutor (DPP) Bajaur Sher Zada and may not be posted as subordinate under junior officer.

Khyber Pakhtunkhwa Service Tribunal chairman Kalim Arshad Khan and Executive Member Fareeha Paul while Yasir Saleem advocate appear on behalf of petitioner and Additional Advocate General Fazal Shah Mohmand on behalf of respondents including Chief Secretary, Secretary to Government of KP and Director General Prosecution. The decision was announced in open court.

The petitioner appointed as DPP Bajaur on 06 January 2021 and took over the charge of the new responsibility on 1st February while transferred to Swabi district as Senior Public Prosecutor 31st January 2022 as pre-mature because applicant has hardly served for one year at the station, the decision stated.

The departmental appeal didn’t serve within the statutory period of 90 days and then filed instant service appeal. However, the respondents denied claim of appellant in their written reply submitted to services tribunal.

The counsel argued that petitioner didn’t treated fairly in accordance with law and rules. The appellant hardly served for one year at Bajaur and had not completed his normal tenure of posting thus the transfer is illegal and unlawful.

The counsel further stated that appellant was purposely posted at a station where he is made junior to a BPS-18 Office while requested for acceptance of appeal.
The tribunal granted sufficient time to respondents to come up with resolution so that grievance of the appellant, that he should not be posted under his juniors, could be redressed privately but they didn’t.

Therefore, this appeal is dispose of with the observation that the appellant shall be allowed to complete his normal tenure at place from where he was transferred vide impugned notification issued on 31st January 2022 and in case he has completed his normal tenure he may be posted anywhere at the discretion of authority but having regard to his seniority so that discipline of the department may not disturb and the costs shall follow the event.