The court, however, directed authorities concerned to maintain the status quo and not appoint a new secretary until the final disposal of Lodhi’s petition against his sacking.
Lodhi was seeking interim relief from the court to restore him to the post. He claimed in the petition that he was removed because he had refused to sign government’s affidavit related to the Memogate issue to be submitted in the Supreme Court.
Appearing in person before the judge, he contended that he was appointed secretary in 2011 on a two-year contract basis.
He argued that he was removed from the post without any inquiry or show-cause notice. Lodhi said that as per law, one month’s salary should have been paid to him at the time of removal from the office.
Deputy Attorney General Tariq Mehmood Jahangiri, however, informed the court that Lodhi had been paid the one-month salary. He said Lodhi was removed from the post as per law because contractual employment can be terminated legally at any time without prior notice.
Justice Afridi, after hearing both the plaintiff and defendant, reserved the verdict which he announced late in the evening.
In the short order, the court ordered the authorities to maintain the status quo till the final disposal of the main petition.
The court, after admitting the writ petition for regular hearing, had issued notices to the president, prime minister, cabinet secretary, establishment secretary and the acting Defence Secretary Nargis Sethi to submit their replies. The date of the hearing of Lodhi’s petition is yet to be fixed.
Lodhi was removed by Prime Minster Yousaf Raza Gilani on January 11 on charges of ‘gross misconduct’.
Published in The Express Tribune, February 9th, 2012.
COMMENTS (7)
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Courts interference in executive affairs is no good at all
He didn't deserved to be posted in that position on the first place. Was he selected on merit? Was the post advertised? Was he the best available choice?
What a country where a person, who was appointed at the whims of "someone" is challenging his removal, and the court admitted the petition.
The elected govt should not be allowed to complete its term. However, each general even after retirement must be allowed to get yet another salary and all the previous perks. They cannot be retired, get automatic extenstions, other high paying jobs and can never be fired. It can happen only in Pakistan. This is not just double dipping it is unlimited dipping by the Army Incorporated. The poorest of poor would starve without an additional month's salary the pension, lands, houses are not enough.
This is an excellent piece of misreporting. The court has ordered status quo and directed that no one should be appointed till court decision which has not yet been announced. This news item creates an impression as if petition of the defence secretary has been turned down.
principles of Natural Justice demand that a erson needs to be given an opportunity of hearing before an adverse action is taken against him.
PM in rage just cannot take any decision that he likes.He is not a monarch of medieval times!
Reply to Ahmed.. " he added, that he should also be given a month`s salary after being sacked ", this is in addition to other points raised in his petition...he has every right to demand his salary in lieu of one month notice, Wud you not do same ? if you were in his place.
"He added that he should also have been given a month’s salary after being sacked." Its not the sacking the Gen. saab is worried about he just needs one months salary. What a mentality. They can't be satisfied after being given millions of ruppees, houses and plots after retirement. For mere one months pay he is creating such a fuss.