LHC Overturns Punjab Government’s Ban on Employee Transfers

The Lahore High Court has declared the Punjab government’s notification banning transfers of public employees as illegal. The controversial notification, issued on March 1, imposed restrictions on the movement of government personnel.

In an eight-page written judgment, Justice Asim Hafeez criticized the Chief Minister’s decision, stating it undermined the authority of civil servants and extended undue powers to the executive. The court emphasized that such overreach disrupts the necessary balance of checks and balances in governance.

The ruling addressed a pivotal legal question regarding the legitimacy of the Chief Minister’s use of a notification to impose such restrictions. The government’s legal representative argued that the Chief Minister held the authority to enforce such a ban under the Rules of Business and the Civil Servants Act. However, the court found that these rules do not grant the Chief Minister the power to impose a comprehensive ban on transfers and appointments.

The court clarified that the Rules of Business only permit the Chief Minister to approve or disapprove specific appointments and transfers. It firmly stated that executive authorities cannot, under any circumstances, assume legislative powers.

Furthermore, the court indicated that if the Chief Minister is to centralize control over transfers and appointments, it would require amendments to existing laws. The decision confirmed that appointments and transfers made under the now-invalidated notification would remain effective, allowing the competent authority to continue or revoke them. This case was initiated by a petition from an employee in the irrigation department challenging the validity of the ban.