PESHAWAR: The governor Khyber Pakhtunkhwa has declined assent to KP Employees (Removal from Service) Act, 2025 and after highlighting some shortcomings in it has returned it to the Speaker of the Provincial Assembly with advice for revisiting it.
The shortcomings, he feared could undermine its objectives and infringe upon the rights of citizens.
The governor gave approval to the legislation under Clause (5) of Article 115, read with Article 116 of the Constitutional of the Islamic Republic of Pakistan, 1973. He said that the issues identified by him if addressed, would strengthen the bill and ensure its alignment with the constitutional values.
The employees recruited following instructions of the Election Commission of Pakistan (ECP) wide its Notification No.F.2 (1)2023-cord dated 22.01.2023), mentioned in section 3 of the bill, should also exclude the recruitments for which the ECP relaxed the ban. Hence, they do not constitute a contravention of Section 230 of the Election Act, 2017. As ordained in 2008 PLD 446, the Supreme Court emphasized that appointments made by caretaker governments are valid if they are transparent, merit-based, and necessary for the continuity of governance. Therefore, the bill should explicitly exclude such recruitments from its purview to avoid unjustly penalizing employees appointed under lawful relaxations.
Subsection (4) of section 1 of the Bill declare it a prospective legislation, however, its scope is kept retrospective wide subsection (2) of section 1 of the Bill, Retrospective laws that nullify legally granted appointments violate the principle of non-retroactivity and are inconsistent with the constitutional framework. In this regard, the Supreme Court of Pakistan, vide 2024 SCMR 1168, held that neither prospective nor retrospective laws can abridge fundamental rights guaranteed under Articles 9 to 28 of the Constitution. Similarly, in 2014, PLC (CS) 304, the Karachi High Court reinforced the principle that legally granted benefits cannot be revoked arbitrarily, upholding the maxim of non-derogability of fundamental rights.
Section 4 of the Bill denying right to the ‘employees’ may be revisited for being violative of Article 10A of the Constitutional of the Islamic Republic of Pakistan, 1973.
Holding appointing authorities accountable is crucial to deter future irregularities and ensure transparency in recruitment process. The bill should also recommend proceedings against the ‘appointing authority’ for the recruitment employees mentioned in clauses (b) and €) respectively of section 2.
Copyright Business Recorder, 2025
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