Non-implementation of judgment: Chief secretary issued show-cause notice

Case relates to out-of-turn promotion, illegal deputation, absorption


Hasnaat Malik July 26, 2016
Case relates to out-of-turn promotion, illegal deputation, absorption. PHOTO: EXPRESS

ISLAMABAD: The top court issued show-cause notices to the Sindh chief secretary, works and services department secretary and two other officials of the education department over the non-implementation of its judgement on out-of-turn promotions, illegal deputations and absorptions.

The three-judge bench of the Supreme Court, headed by Justice Amir Hani Muslim, took up on Tuesday different petitions regarding the non-implementation of its three-year-old verdict against out-of-turn promotions, illegal deputations and absorptions.

Shafqat Hussain Mughal, whose parent department was the education department, was deputed in the Sindh Road Improvement Programme as a chief engineer. The said programme is part of the works and services department.

Similarly, official Zahid Ali Shah's parent department is the education department but he was deputed in a programme of the works and services department.

Both were repatriated to their parent departments in view of the apex court's judgment. However, the Sindh government again retained the officials in the works and services department.

"We issue show-cause notices to Sindh chief secretary, works and services department secretary and beneficiaries to appear and submit their submissions," the court ruled, adding that in case their replies are not satisfactory, contempt proceedings will then be initiated against them. The hearing of the case will be resumed after the summer vacations.

During the hearing, Justice Muslim expressed annoyance over non-compliance of the top court's judgment and observed that no one can be above the law on the basis of their relations.

He added that the officials who violated their order should be sent to jail.

Justice Muslim further observed that prima facie a false statement was given regarding the repatriation of these officials.

Meanwhile, Waseem Sajjad, the counsel for Syed Pervez Shah, appeared before the court and stated that his client was originally appointed in the works and services department as an assistant engineer in 1985.

He informed the court that after the separation of the said department with literacy and education department, his client was mistakenly transferred by the government to the education department.

The counsel contended that his client suffered irreparable loss due to such a blunder and now his client is deprived of salaries and is not being posted anywhere.

Upon this, the court allowed his plea and directed the government to issue a notification of Pervez Shah's transfer accordingly in the works and services department.

The bench also directed the works and services secretary to fix the seniority of the aggrieved in conformity with his batch mates.

Meanwhile, the bench has also sought a report regarding the promotion of Sindh police DIG Aleem Jafri.

Published in The Express Tribune, July 27th, 2016.

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