Defence secretary’s sacking: Court refuses to temporarily restore Lodhi
Directs authorities to maintain status quo, not appoint a new secretary.
ISLAMABAD:
Islamabad High Court’s Justice Azeem Khan Afridi on Wednesday disposed of a former Secretary Defence Lt Gen (retd) Khalid Naeem Lodhi’s plea to temporarily restore him to his post by staying the implementation of his removal notification.
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.
Islamabad High Court’s Justice Azeem Khan Afridi on Wednesday disposed of a former Secretary Defence Lt Gen (retd) Khalid Naeem Lodhi’s plea to temporarily restore him to his post by staying the implementation of his removal notification.
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.