SHC nullifies police official’s transfer notification
Declares transfers ‘illegal’, observes that Sindh IGP was not consulted on the matter
Sindh High Court : PHOTO: EXPRESS
KARACHI:
The Sindh High Court (SHC) declared on Wednesday the notification issued for the transfer of Establishment DIG Khadim Hussain and Shikarpur SSP Dr Rizwan Ahmed null and void, terming the transfers "illegal."
A two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed announced the verdict at the hearing of a plea challenging the transfer of the officials.
The plea stated that the Sindh government had recently transferred 80 police officials, violating the laws it had enforced in the province. According to the plea, Sindh IGP was not informed of DIG Hussain's transfer when the law dictated that he was to be consulted on the matter.
Terming the transfer of both the officials "illegal", the court declared the notification null and void. Observing that Sindh IGP was not consulted on the matter, it concluded that the transfers were not being made in accordance with the standard mechanism in place.
The court had suspended the transfer notification at an earlier hearing.
Mechanism for appointing teachers
Meanwhile, Justice Salahuddin Panhwar ordered the Sindh Public Service Commission (SPSC) to devise a mechanism for appointing school teachers, along the lines of the one it proposed for the appointment of lecturers in 1,500 colleges of the province, so as to ensure transparency in appointments.
The mechanism proposed by SPSC for the appointment of lecturers entails a written test for the candidates. As per SPSC's recommendations, the question paper will be divided into two portions, of which subjective questions will account for 80% marks and those testing the general knowledge will account for 20% marks. The body has proposed seeking the Institute of Business Administration (IBA), Sukkur's assistance for preparing test papers.
The court was informed that all candidates will be provided a carbon copy of their answer sheets and correct answers would be announced in the evening on the day of the test.
In addition, the court was apprised that IBA Sukkur has suggested the installation of CCTV cameras in examination centres to prevent imposters from appearing in place of the candidates. It has also been recommended by IBA, Sukkur that candidates be interviewed by teachers of IBA and the University of Karachi after clearing the written test.
At this, the court ordered SPSC to devise a similar mechanism for the appointment of school teachers so as to ensure transparency in appointments.
Court issues show-cause notice
In a separate case, the bench comprising Justice Mazhar and Justice Sayeed issued a show-cause notice to the chairperson of the task force against rabies, expressing annoyance at his persistent absence from the hearings of a plea pertaining to the abundance of stray dogs and unavailability of rabies vaccine at hospitals in Sindh.
Hearing the plea filed by Advocate Tariq Mansoor, the court also summoned the provincial chief secretary, local government secretary and chairperson planning and development, ordering them to appear at the next hearing in personal capacity.
During the hearing, Chandka Medical College Hospital (CMCH) medical superintendent informed the court that Hasnain, who was mauled by six dogs in Larkana and died during treatment, was kept at the hospital for six hours, after which he was referred to Dr Ruth Pfau Civil Hospital in Karachi.
At this, the court observed that Hasnain was not provided proper medical treatment at CMCH.
Justice Mazhar inquired of the additional local government secretary, "Why no action was taken against CMCH even when a report had concluded that the hospital [staff] was incompetent?"
The court ordered to carry out an inquiry against CMCH on the matter. It also expressed annoyance over delays in the approval of PC-1 for the project, 'Fight against Rabies and Population Control of Dogs' and the establishment if a helpline for receiving complaints pertaining to dog-bite cases.
A member from the task force informed the court that district municipal corporations (DMCs) had sought a "special poison" for killing dogs, as the one being used at present was found to be ineffective most of the time.
Ordering DMCs to approach the taskforce chairperson if they face a shortage of poison, the court issued a show-cause notice to the chairperson over his continuous absence from the hearing. It also summoned the provincial chief secretary, local government secretary and chairperson planning and development, seeking replies on delays in the implementation of the project against rabies and establishment of a helpline.
It ordered that the helpline 1093 be promoted via print an electronic media and adjourned the hearing till February 19.
Published in The Express Tribune, January 30th, 2020.
The Sindh High Court (SHC) declared on Wednesday the notification issued for the transfer of Establishment DIG Khadim Hussain and Shikarpur SSP Dr Rizwan Ahmed null and void, terming the transfers "illegal."
A two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed announced the verdict at the hearing of a plea challenging the transfer of the officials.
The plea stated that the Sindh government had recently transferred 80 police officials, violating the laws it had enforced in the province. According to the plea, Sindh IGP was not informed of DIG Hussain's transfer when the law dictated that he was to be consulted on the matter.
Terming the transfer of both the officials "illegal", the court declared the notification null and void. Observing that Sindh IGP was not consulted on the matter, it concluded that the transfers were not being made in accordance with the standard mechanism in place.
The court had suspended the transfer notification at an earlier hearing.
Mechanism for appointing teachers
Meanwhile, Justice Salahuddin Panhwar ordered the Sindh Public Service Commission (SPSC) to devise a mechanism for appointing school teachers, along the lines of the one it proposed for the appointment of lecturers in 1,500 colleges of the province, so as to ensure transparency in appointments.
The mechanism proposed by SPSC for the appointment of lecturers entails a written test for the candidates. As per SPSC's recommendations, the question paper will be divided into two portions, of which subjective questions will account for 80% marks and those testing the general knowledge will account for 20% marks. The body has proposed seeking the Institute of Business Administration (IBA), Sukkur's assistance for preparing test papers.
The court was informed that all candidates will be provided a carbon copy of their answer sheets and correct answers would be announced in the evening on the day of the test.
In addition, the court was apprised that IBA Sukkur has suggested the installation of CCTV cameras in examination centres to prevent imposters from appearing in place of the candidates. It has also been recommended by IBA, Sukkur that candidates be interviewed by teachers of IBA and the University of Karachi after clearing the written test.
At this, the court ordered SPSC to devise a similar mechanism for the appointment of school teachers so as to ensure transparency in appointments.
Court issues show-cause notice
In a separate case, the bench comprising Justice Mazhar and Justice Sayeed issued a show-cause notice to the chairperson of the task force against rabies, expressing annoyance at his persistent absence from the hearings of a plea pertaining to the abundance of stray dogs and unavailability of rabies vaccine at hospitals in Sindh.
Hearing the plea filed by Advocate Tariq Mansoor, the court also summoned the provincial chief secretary, local government secretary and chairperson planning and development, ordering them to appear at the next hearing in personal capacity.
During the hearing, Chandka Medical College Hospital (CMCH) medical superintendent informed the court that Hasnain, who was mauled by six dogs in Larkana and died during treatment, was kept at the hospital for six hours, after which he was referred to Dr Ruth Pfau Civil Hospital in Karachi.
At this, the court observed that Hasnain was not provided proper medical treatment at CMCH.
Justice Mazhar inquired of the additional local government secretary, "Why no action was taken against CMCH even when a report had concluded that the hospital [staff] was incompetent?"
The court ordered to carry out an inquiry against CMCH on the matter. It also expressed annoyance over delays in the approval of PC-1 for the project, 'Fight against Rabies and Population Control of Dogs' and the establishment if a helpline for receiving complaints pertaining to dog-bite cases.
A member from the task force informed the court that district municipal corporations (DMCs) had sought a "special poison" for killing dogs, as the one being used at present was found to be ineffective most of the time.
Ordering DMCs to approach the taskforce chairperson if they face a shortage of poison, the court issued a show-cause notice to the chairperson over his continuous absence from the hearing. It also summoned the provincial chief secretary, local government secretary and chairperson planning and development, seeking replies on delays in the implementation of the project against rabies and establishment of a helpline.
It ordered that the helpline 1093 be promoted via print an electronic media and adjourned the hearing till February 19.
Published in The Express Tribune, January 30th, 2020.