LARKANA: The Services, General, Administration & Coordination Department, Government of Sindh, has sent a circular letter to all the administrative secretaries, commissioners and other heads directing them to comply with the order in letter and spirit, which was passed by the Supreme Court of Pakistan on a criminal misc. application filed by Ms Sarwar Naz V/S province of Sindh and others.
The apex court had directed the Sindh government to follow the principles of tenural limitations laid down in the case of Anita Turab (PLD-2013 SC 195). Officers cannot be transferred at the liking or disliking of someone, who is at the helm of affairs. The frequent transfers and postings in Sindh government without adhering to the principles of tenural limitations as has been held in the Anita Turab case has increased ill governance.
Officers are not allowed to complete tenural limitations. If an officer has been appointed or posted. He is transferred in few months on his refusal to comply with the illegal orders of the highups, which has resulted in bad governance.
The order further said: “We have noticed the above shortcomings. The transfer of Senior Member, Board of Revenue in a haphazard manner, in short intervals, has destroyed the working of BOR. In one year, BOR Senior Members, have been posted out for four to fives times. Likewise home secretary has been transferred three times in a month.
The position of provincial secretaries is not different. In police, many senior officers are without postings and juniors have been given charge. The governance cannot be improved by such rapid transfers, therefore, we while adjourning this matter put to notice to the Sindh government that in future, if such rapid transfers are ordered in the government without justification, we will treat it as defiance of the principles propounded in the case of Anita Turab and shall proceed against the authority, responsible of such defiance. The government can always in exigency, order transfer but there has to be some written justification for transfer of such an officer.”
The order further directed that copy of this order be faxed to Chief Secretary for his information and compliance.