Violation of court orders: SC suspends MDA member’s appointment

Warns Sindh govt of consequences of taking unlawful steps


Hasnaat Malik August 17, 2016
Justice Hani wondered how the establishment secretary could permit the appointment of Panwar in Sindh when the apex court had passed an order [against such a posting]. PHOTO: FILE

ISLAMABAD: Taking notice of the illegal appointment of Atta Muhammad Panwar as member Malir Development Authority (MDA), the Supreme Court on Tuesday suspended the notification of his appointment.

The two-judge bench, headed by Justice Amir Hani Muslim, heard cases of appointments and transfers in the Sindh government in violation of the top court's judgment.

The court has summoned the Establishment Division secretary, Sindh chief secretary, Sindh services secretary and the MDA director on August 18. The attorney general has also been ordered to file a written statement regarding the issue.

The bench also summoned the summary and complete record of Panhwar's appointment as member MDA.

Justice Hani remarked that the Sindh government appoints illegible persons in government departments, adding that it would have to face the consequences of these unlawful steps. The judge said that Panwar is so powerful that he does not comply with the court's orders.

At the onset of the hearing, advocate Sohaib Saheen, appearing on behalf of the petitioners, argued that despite the court's orders, his clients were demoted, while some employees of the MDA had taken a stay from the Sindh High Court.

He informed the bench that the apex court had declared that those affected by its orders can approach it. The bench inquired from additional advocate general Sindh Sarwar Khan regarding the matter. He said he is not aware of it, and added that he will submit a reply in the next hearing after consulting the provincial government.

When Justice Hani questioned who the managing director of MDA is, Sindh additional secretary services, who was present in court, expressed ignorance about it. Justice Hani said Panwar is an

employee of the federal government but was made a member of the MDA. He observed that the officer should have been repatriated to his parent department.

The additional secretary informed that the establishment secretary refused to accept him and a letter was written to the Sindh government in this regard. He said the Sindh services secretary, on his own, floated a summary which was routed through the Sindh chief secretary to the chief minister, which he had approved.

Justice Hani wondered how the establishment secretary could permit the appointment of Panwar in Sindh when the apex court had passed an order [against such a posting].

The bench, ordering to submit the record of Panwar's appointment, adjourned the case till August 18.

Published in The Express Tribune, August 17th, 2016.

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