SC rejects plea for restoration of cop’s service

Admits health dept employees' request for hearing of case for payment of pension

KARACHI: The Supreme Court (SC) rejected on Wednesday the plea for the restoration of former police official, Shayan Qureshi, who was dismissed after it was revealed that he had been appointed illegally.

A three-member bench, headed by Justice Gulzar Ahmed and comprising Justice Faisal Arab and Justice Sajjad Ali Shah, was hearing the plea at the Supreme Court's Karachi registry.

Legal AIG informed the bench that Shayan Qureshi was dismissed because he was appointed illegally. Following a judicial order, he was given another opportunity to be re-appointed. However, he again failed the physical test, said the Legal AIG.

The petitioner's counsel argued that his client was discriminated against because the other official who had also failed was re-appointed. He should therefore be restored to his post, pleaded the counsel. The court, however, rejected the plea for restoration of service.



Bail confirmed

The same bench confirmed the bail of general councillor, Sardar Muhammad Asif, in a case of fake NIC on the complaint of National Database Registration Authority (Nadra).

Defence lawyer argued that the opponents had filed a case against his client after he was elected as general councillor. "My client was accused of making a fake NIC and being an Afghan citizen. The case registered in Bahadurabad police station is fake and groundless," maintained the defence lawyer.

The court expressed annoyance over the plea filed for the cancellation of bail by the witness. The court questioned under what law the witness could become a party for the cancelation of the accused's bail. Why should the court not take a contempt of court action against the witness, questioned the bench.

The court confirmed the bail of Sardar Muhammad Asif.

Pension payment

The SC fixed the hearing of a plea in the third week of August against the non-payment of Dr Uzma Shaeen's pension by the health department.



The bench, headed by Justice Gulzar Ahmed, was hearing the plea at the Supreme Court Karachi registry. Petitioner's counsel argued that Health Department's employee, Dr Uzma Shaheen, voluntarily retired from the department after 22 years of service. Accountant-General office withheld the payment of her pension for taking the retirement voluntarily.

The health secretary submitted the report in court which mentions that the option of voluntary retirement is present in the rules of Sindh Health Department. Pension can be paid to former employees who have voluntarily retired. The court appointed Malik Naeem as the judicial assistant for Dr Uzma Shaheen's plea and adjourned the hearing till the third week of August.

The plea states that the Accountant-General's office was withholding the payment of pension, insisting that the qualifying period for pension was 25 years of service.

NAB's reply sought

The same bench ordered the National Accountability Bureau (NAB) prosecutor to submit a response over the post-arrest bail plea filed by accused Muhammad Ismail in the next hearing of the case pertaining to illegal allotment of land in Karachi Port Trust (KPT) housing society.

NAB prosecutor Amjad Ali Shah received the notice issued by the court.

The plea argued that the accused has been arrested since June 2018. The court should grant him bail. According to NAB, the accused and others co-accused caused a loss of Rs11 billion to the national treasury. The bail pleas of co-accused have been rejected in the case.

Published in The Express Tribune, August 9^th, 2019.