Legal side ‘overlooked’: LG posts abolition notified in haste

LAHORE, Feb 23: The Punjab finance department has hastily notified abolition of several posts in district governments, besides downgrading those of the DCOs of five big cities, without having amended the Punjab Local Government Ordinance-2001, committing, what legal experts say, a blunder. The department, however, withdrew abolition of three posts late in the afternoon after objections were raised by different official quarters, averting at least the worst legal crisis that could have otherwise been created in the revenue administration's 160-year history. The decision to abolish these posts and downgrade those of the DCOs in big cities was taken by the chief minister on the recommendation of a cabinet sub-committee. But, to implement the decision it was required to amend the Local Government Ordinance because these posts were created under it. Official sources said on Wednesday that the local government and the law departments had already prepared a summary for amending the ordinance for a smooth withdrawal of the posts. But the finance department had notified their abolition without awaiting completion of the legal procedure to the surprise of official quarters concerned. "One cannot bypass laws whatever the urgency may be," remarked an officer. According to a notification issued on Monday, the finance department abolished 234 posts in the district government including executive district officers (EDOs) of information technology, literacy, revenue and law and deputy district officers (DDOs) of registration, revenue (staff), coordination (staff), roads and buildings. It downgraded posts of DCOs of five city district governments, including Lahore, from BS-21 to BS-20. The posts are specifically mentioned for BS-21 officers in the Local Government Ordinance–2001. Official sources said since these posts were created under the ordinance, the notification of their abolition by the finance department without introducing amendments to the relevant law created a stir in the circles concerned. According to the sources, many officers contacted the authorities concerned to get the folly corrected. The opinion was noted, but the finance department withdrew the abolition of only three posts of EDOs – IT, revenue and literacy. They said the withdrawal of the notification regarding the abolition of EDO revenue post had averted a legal chaos in revenue administration dating back to around 1849, much earlier than the introduction of the Civil Procedure Code that was promulgated in 1901. The EDO revenue post, under the 2001 ordinance, carries the land revenue appellate authority which was held by the divisional commissioners before the introduction of the local government system. Its abolition without transferring the authority to some other office through legal means would have left those involved in land revenue litigation in the lurch. "One can imagine the helplessness of a litigant who has only one day for filing an appeal against a revenue order and there is no appellate authority," an officer remarked. Meanwhile, it was learnt the finance department had also downgraded the posts of divisional commissioners of Sargodha, Sahiwal, Bahawalpur and Dera Ghazi Khan. Officials said this did not require any amendment to any law because the post of the present day commissioner was created through an executive order and it had no legal powers, including those of appellate authority in revenue matters. The other abolished posts notified by the finance department include CMIT members (two), P&D member and joint chief economist (one each), secretaries of the abolished tourism, sports, information technology and inter-provincial coordination departments, special secretary to the chief minister, special secretaries of the agriculture marketing, communications and works, health, information, irrigation and housing departments. The list of abolished police posts in the notification include three posts of additional IGs, nine of DIGs, one of SSP (survey) special branch, seven of SSPs and 69 of DSPs. Four posts of consultants and one each of a deputy secretary and section officer in the ombudsman's office are also included in the list.