A day in court: K-P Assembly speaker to reply on issuing notice against secretary

Separate bench asks Nowshera EDO to respond on petition against recruitment

PESHAWAR: The Peshawar High Court has sought a reply from the Khyber-Pakhtunkhwa Assembly speaker for issuing a show-cause notice to an assembly secretary and appointing an MPA to investigate the secretary. The bench also dismissed the show-cause notice.

Justice Qaiser Rasheed and Justice Irshad Qaiser were hearing a writ petition filed by K-P Assembly Secretary Amanullah through his attorney Ijaz Anwar.

While arguing before the bench, Anwar said Speaker Asad Qaiser issued a show-cause notice to the petitioner on January 18, accusing Amanullah of interfering in his affairs. Anwar stated the speaker appointed an MPA to investigate the matter and directed him to submit a report.

The lawyer argued the speaker’s notice was illegal and unconstitutional as the petitioner did not do anything illegal. He maintained the petitioner was performing his duties within legal limits. Anwar added MPAs have no authority to investigate the petitioner and government officers should have been appointed instead.

According to the petition, Qaiser considered the petitioner an obstacle, someone who did not comply with his directives in administrative and financial matters of the Assembly Secretariat.

It argued Amanullah considered himself duty bound to conduct business in the assembly secretariat in accordance with law and rules, and that was not appreciated by the speaker. The petition claimed Amanullah applied for earned leave on December 7, 2015 for four months which was duly approved. But the speaker through a notification on January 18 formed an enquiry committee and issued a charge sheet containing allegations against Amanullah.

The petitioner stated given the current circumstances, he did not expect justice from the enquiry committee. Amanullah’s petition argued the process initiated against him was unlawful.

Age discrimination?

Another bench headed by Justice Ikramullah sought replies from the Nowshera executive district officer (education), director schools and secretary education for allegedly recruiting a primary schoolteacher who did not match the “age requirement”.  A petition was filed by Gohar Rehman, a resident of Nowshera.

Published in The Express Tribune, January 27^th, 2016.