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Legal battles take heavy toll on CDA working - Salman - 12-17-2013 01:42 PM
ISLAMABAD: The legal battles regarding transfers and postings of officials in the Capital Development Authority (CDA) are taking a heavy toll on the operational matters of the civic agency.
Not only the mid-level employees but also the top managers of the civic body are trying to push their cases of transfers and postings through the courts.
While the civic agency remains without a chairman, the repatriation of one of its former members was suspended by the Islamabad High Court (IHC) on Monday.
Another former member is already in litigation against his removal. Besides, some lawyers are ready to challenge the appointment of any outsider as the chairman.
Justice Noorul Haq N. Qureshi of the IHC on Monday suspended the repatriation orders of member administration Chaudhry Munir Ahmed and issued notices to the CDA and Establishment Division.
An officer of the Secretariat Group, Chaudhry Munir has been working in the CDA on a three-year deputation since 2012. On September 20, he was ordered repatriated to his parent department.
The Establishment Division on November 5 made him an officer on special duty (OSD). However, Chaudhry Munir challenged the orders in the IHC.
After the court order, most of the senior employees in the CDA were cautious about discussing the situation not only with outsiders, including the media, but also with the fellow employees.
This was because the incumbent member administration also holds the acting charge of the chairman CDA.
Sources in the authority said Chaudhry Munir submitted the court orders to the chairman secretariat on Monday noon but a senior official said the matter related to Establishment Division, and not the CDA.
“The court orders are specific. It is a stay on the repatriation and does not stop the current member administration from working,” said the official.
“Technically, the Establishment Division will have to issue a fresh order with reference to the IHC order before the ball is in the CDA court,” said the official.
The CDA spokesman, Asim Khichi, remained confused over the outcome of the court order.
“The situation is not clear yet, as the court order has not been vetted by our legal experts,” he said, adding: “But it will be clear in the coming days.”
Mustafain Kazmi’s case may look similar to that of Chaudhry Munir but the basic difference is that the latter is an officer of the Office Management Group.
Mr Kazmi, an employee of the CDA for 29 years, was appointed member planning and development in October 2012. However, on August 15, 2013, he was removed from the post.
As Wasim Khan took over as the member P&D on August 22, Mr Kazmi moved the IHC which suspended Khan’s appointment orders on August 26.
The case is still pending and the IHC will take up the matter in the coming week.
Hafiz Arafat Ahmed Chaudhry, a high court lawyer, said: “If an outsider was made the CDA chairman, we will challenge it.”
He referred to a Supreme Court judgment regarding the dismissal of the chairman Securities and Exchange Commission of Pakistan where it had ruled that only a member SECP could be its chairman.
Similarly, he highlighted the Lahore High Court decision against the appointment of chairman Pakistan Telecommunication Authority.