Islamabad - A writ petition challenging the appointment of Zia-ur-Rehman, younger brother of Maulana Fazlur Rehman, as Commissioner Afghan Refugees Khyber Pakhtunkhwa was moved in the Islamabad High Court yesterday.

The petition was moved by Muhammad Abbas Khan, a BPS-19 CSP officer of Secretariat Group who has been serving on the said post till this April 13, 2016. In his petition, he challenged the notification regarding appointment of Zia-ur-Rehman as CAR.

The petitioner cited secretary establishment division, Zia-ur-Rehman district coordination officer (DCO) Khushab and secretary state and frontier region division (SAFRON) as respondents.

He alleged in the petition that at the recommendations of establishment division, ministry of SAFRON appointed Maulana Fazlur Rehman’s younger brother, Zia-ur-Rehman as Commissioner Afghan Refugees (CAR) KP, in sheer violation of the law, rules and regulations.

Abbas Khan stated that Zia-ur-Rehman was an assistant divisional engineer at PTCL till September 07, 2012 when the previous provincial government absorbed his services in provincial civil service. Besides, he added that Zia-ur-Rehman is a grade-18 officer while CAR is a grade-20 post.

Regarding his qualifications, Khan informed the court that he attended 17th Service Management Course (SMC) and was then appointed as CAR KP on September 15, 2015. The petitioner said that his professional career is excellent that is evident from his ACRs. Recently he was awarded with scholarship to attend the 84th International Refugee Law Course at Italy and he has also attended International Summer School in forced migrations from the University of Oxford. These facts would explain about competency of the petitioner regarding his job, he said.

He adopted that on April 13, 2016 establishment division handed over services of Zia-ur-Rehman to SAFRON ministry for further appointment as Commissioner Afghan Refugees without any consultation with the provincial government.

He contended that whereas as per a notification dated August 28, 2015, it is mandatory that the postings and transfers of provincial commissioner for Afghan refugees and respective commissionerate staff would be carried out by the SAFRON ministry in coordination with the provincial governments.

Khan alleged that while appointing Zia-ur-Rehman, no such coordination was seen and Zia-ur-Rehman does not belong to any cadre of civil service. He was among the 8 officers who were inducted by the previous government in the provincial management service and before that Zia-ur-Rehman was an employee of PTCL as assistant division engineer and subsequently absorbed in provincial civil service on September 7, 2012.

The petitioner said that it is against the law to transfer a civil servant from his post before the tenure of three years. In his case, he has been transferred less than a year and without any exigency, said Khan.

Therefore, he prayed to the court to declare that the appointment of Zia-ur-Rehman is politically motivated, unlawful and void. He further prayed that he may not be transferred during the tenure of his posting and the appointment notification of Zia-ur-Rehman may be suspended while adjudication of this matter.