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SC issues stay order
 
 
 


ISLAMABAD - Besides issuing the notification for the transfer of Capital Development Authority’s chairman, 24 other transfers were made on the last day of the outgoing PPP government, the Secretary Establishment Division told the Supreme Court Monday.
The secretary said a few transfer orders might have been implemented but most of the handing and taking over are yet to take place, said Taimur Azmat Usman Secretary ED after a three-bench, headed by Justice Jawwad S Khawaja, expressed concern over the number of transfers made in single day.
The bench also comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan took the issue of transfer of the CDA head after Chief Justice Iftikhar Muhammad Chaudhry took notice of the transfer calling it against the spirit of an apex court judgement passed in the matter of Anita Ayub last November. All the orders yet have been not carried out, said the secretary when Justice Jawwad asked him to furnish details of the last day transfers and postings before the court on (today) Tuesday.
The court stopped the federal government from implementing the transfer orders of Tahir Shahzad and appointment of Tariq Mahmood Pirzada. The bench stayed the implementation of the notification of secretary establishment division in question till the final outcome of the case or the order was nullified. The court directed Muhammad Ayub Qazi Principal Secretary to Prime Minister Raja Pervaiz Ashraf to submit his response why he had conveyed the PM’s verbal orders for transfer of CDA Chairman Shahzad on the last day of the government.
The bench directed him to submit his concise statement on the next date of hearing (Tuesday). The secretary ED informed the court: “It was March 13 since I had been asked by the principal secretary of the PM to transfer Tahir Shahbaz as head of CD.
A. The reasons citied for the transfer are that Shahzad himself had asked for his posting other than chairman of the authority.”
“I never asked for my transfer. I only expressed my concern that it is better to get me transferred than complying with unlawful orders,” said CDA Chairman Tahir Shahzad. He said he met secretary establishment on March 16 and asked him to consult him before appointing director environment for CDA Board.
“We are not to manufacture steel spine for the bureaucrats. What we can do is to protect them against unconstitutional steps”, said Justice Khawaja referring to the SC judgement on November 12 last year when it was maintained that the bureaucrats would not be transferred before their required period of appointment and reasoning would be given for the transfers.
The court separated Secretary Cabinet Division Nargis Satthi and Chief Commissioner Islamabad Prizada from the case, as they had nothing to do with the transfer orders.

 
 
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