SC sets aside PHC order on police promotions

ISLAMABAD:

The Supreme Court has set aside the Peshawar High Court’s (PHC) decision to annul out-of-turn promotions in the Khyber Pakhtunkhwa (K-P) Police.

A three-member bench, led by Justice Mansoor Ali Shah and including Justice Muhammad Ali Mazhar and Justice Athar Minallah, also ordered the Provincial Services Tribunal to decide the matter within a month in accordance with the Supreme Court's decision and the province's 2005 law.

Individuals affected by the tribunal's decision are instructed to appeal within a month through authorized forums. During the hearing, the bench noted that the proper forum for filing appeals against government department decisions is the services tribunal, not the high court.

During the hearing, Justice Athar Minallah highlighted the sacrifices of the K-P police in the fight against terrorism, stating that they should be respected for their sacrifices.

Justice Minallah remarked, "The sacrifices of the K-P police officers are unparalleled; morale-boosting measures for the police are also necessary."

The lawyer representing the petitioners asserted that the case of Punjab and Sindh police is different from that of the K-P. In the K-P, the law allows out-of-turn promotions directly.

He said the provincial chief secretary revoked the law of 2005 under which out-of-turn promotions were permitted. “The law enacted by the provincial assembly cannot be withdrawn by the chief secretary; whether a law should be enacted or not is a decision of the assembly and the government,” he said.

Justice Mansoor Ali Shah stated that we are nullifying the decision of the dismissals and sending the matter back to the competent authority.

“The competent authority should make a fresh decision in light of the provincial law and the Supreme Court's rulings, and those affected by the decision should approach the competent forum.”

Both parties agreed with the court's remarks, upon which the court referred the matter to the competent authority for a fresh decision.

Utility bills case

Separately, the SC on Monday also suspended a Sindh High Court (SHC) decision upholding imposition of additional taxes on charity organizations, private hospitals, and clinics in electricity and gas bills.

Led by Justice Mansoor Ali Shah, a three-member bench heard appeals from charity organizations and private hospitals and clinics against the decision to impose sales and other additional taxes on their electricity and gas bills.

During the hearing, representatives of the Federal Board of Revenue (FBR) requested for a delay and informed the court that a new tax policy could be implemented within a month.

Justice Mansoor Ali Shah stated that the court would suspend the decision and schedule the hearing for the second week of June. He said in June the case would be heard on a daily basis, and no request for postponement would be accepted.

“In the event of a delay request, the decision of the high court would be reinstated,” he said. A petitioner had challenged the SHC’s August 23, 2023 verdict in the Supreme Court through Jahanzeb Awan Advocate.