PESHAWAR: Differences between the bureaucracy, particularly the District Management Group (DMG) and the government in Khyber Pakhtunkhwa, continued to deepen after the Sarhad Development Authority (SDA) chairman questioned authority of the provincial minister for industries and carried out postings and transfers despite the ban imposed by the minister.
Minister for Industries, Technical Education and Labour Bakht Baidar, who belongs to Aftab Sherpao’s Qaumi Watan Party (QWP), has now referred the matter to the Law Department for its opinion to resolve it once for all. The facts of the matter are that SDA Chairman Muhammad Azam Khan last month ordered the postings and transfers of some officials as part of reorganization of the entity.
However, Bakht Baidar took note of the matter and through a letter No PS/MIN, Ind.Tec.Edu. Labour/ KPK/ 2013/386 dated 23.09. 2013 asked the SDA chairman to reverse the decision as it was illegal.
The minister’s action prompted SDA chairman Azam Khan, a bureaucrat known for taking hard line in such matters, defended his decision and in his letter No SDA/PS-CH/775 dated 1/10/2013 to the secretary for industries informed that the “SDA is not the provincial government department as per government of Khyber Pakhtunkhwa Rules 1985.”
The letter said, “It is an Authority governed solely under the SDA Act No.XI of 1972. Thus the only law/rule applicable to SDA is SDA Act and Rules framed and notified there and duly approved by the government.”
The SDA chairman’s letter (copy available with The News) said the Act denies to the minister any role in the postings and transfers in the authority. It added that the SDA law and rules do not envisage any role for the minister for industries in the postings and transfers and issues within the authority. “Till the time the SDA Act is amended, direction of the Honourable Minister contained in his letter, have no legal locus standi and such cannot be acted upon.”
Azam Khan in his letter said the action of transfer and posting officials was part of his decision that he took after assuming the responsibility as SDA chairman. The letter said it had been his endeavour to energise SDA and equip it to proactively and efficiently perform duties assigned to it under its Act.
His contention failed to satisfy the minister, who wrote to Minister for Law, Parliamentary Affairs, Human Rights (The News has copy of the letter) on October 4 that the “[SDA] chairman has questioned the authority of the minister in the affairs of the SDA with particular reference to transfers and postings. Factually, I had banned the transfers and postings in the light of the same I asked the chairman to refrain from such practice without my approval,” Bakht Baidar said.
He said his contention was that the Constitution as principal law of the state “defines under Article 129 that the executive authority of the province is to be exercised by the chief minister or through the provincial minister.”
The minister also drew the attention of the law minister to the Khyber Pakhtunkhwa Rules of Business 1985 wherein policy framing is the authority of the minister in-charge and SDA also administratively falls under his charge.
The minister for industries requested the law minister to examine the issue and offer his legal and expert opinion on the matter to resolve it once and for all as such things were adversely affecting the working of the government departments.
