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Posting of KPK Chief Secretary Unconstitutional: Noman Wazir

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The president of the Association of Administrative Federalism, Pakistan ( A representative of the provincial civil servants of Pakistan) has stated that the appointment of a federal civil servant as Chief Secretary of KPK is unconstitutional and violates the fundamental scheme of the federalism protected in the constitution of Pakistan.

He further asserted through the press release of the association that Chief Secretary Khyber Pakhtunkhwa is transferred and a new Chief Secretary is going to assume the charge. The change of command should have been under the authority and mandate of the provincial government, yet the establishment division is illegally exercising the same and unconstitutionally posted the federal employee to the purely provincial post.

The Constitution of the IRP has explicitly delineated the subjects between the provinces and the federal government. Federal legislative list Part-1 deals with purely federal subjects, and the Federal legislative list Part-2 deals with the council of common interest as per articles 153 and 154 of the constitution, whereas the rest of the subjects are the mandate of the provincial governments.

Under the Constitution of IRP, Federal Public Service Commission (FPSC) is authorized to recruit officers on the subjects mentioned in the federal legislative list Part-1, and the Provincial Public Service Commission (PPSC) is authorized to recruit officers on the remaining provincial subjects. Whereas the mandate of recruitment on the subjects mentioned in the Federal Legislative List Part-2 is yet to be legislated by the parliament.

Since its inception, the Association of Administrative Federalism is advocating that It is naive to expect the rule of law from a federal employee who is illegally and unconstitutionally posted on a purely provincial post and isn’t responsible to the provincial government while drawing salary from the provincial kitty.

The outgoing Chief Secretary is a typical example of it. In his tenure, he has illegally posted unprecedented deputationists; furthermore, bestowing his battalion of junior federal employees – PAS officers, with senior positions.

Therefore, the Association of Administrative Federalism, standing by its core principles of rule of law and meritocracy, rejects the posting of Chief Secretary Khyber Pakhtunkhwa and will challenge it in a court of law.

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