Clarifying a verdict: SC refers demotion case to chief justice

Bench says the matter should be fixed before those judges, who gave the October 2013 ruling.

ISLAMABAD:

A three-judge bench of the apex court referred a contempt plea against the demotion of civil servants to the chief justice after observing that some aspects of its October 3, 2013 judgment needed clarification.

The bench also recommended that the CJ fix the case before the judges, who issued the earlier judgment.

Earlier, a three-judge SC bench – comprising the former chief justice Iftikhar Muhammad Chaudhry, Justice Azmat Saeed and Justice Ijaz Ahmed Chaudhry – had declared void and unlawful all promotions of grade-20 officers, who had been elevated by the PPP-led government to grade-21 during the last month of its tenure.

In view of the judgment, the federal government had demoted more than 80 officers from grade-21 to grade-20.

On Wednesday, however, the Supreme Court’s three-judge bench – headed by Justice Asif Saeed Khosa – referred the matter to the chief justice with the recommendation to fix the case before the judges, who had given judgment on October 3, 2013 over a petition filed by Punjab Archives Secretary Orya Maqbool Jan.

“As two judges, who had given this judgment on Oct 3, 2013, are available; therefore, it would be appropriated that the case should be fixed before them as they would clarify the exact interpretation of judgment,” the court noted

Earlier, 14 aggrieved District Management Group (DGM) officers had moved the contempt petition in the apex court against the Establishment Division Secretary Shahid Rashid, arguing that implementation of the judgment was highly discriminatory and prejudicial. Advocate Afnan Karim Kundi appeared on behalf of the DMG officers.

“The respondent (establishment secretary) is not only guilty of willful disobedience and intentional violation of the judgment of this august court, but also bringing its authority and administration of law into disrespect and disrepute,” the petition said. It also contended that the secretary had committed contempt of court and, therefore, he should be punished.

In view of this contempt petition, the court summoned Shahid Rashid, who appearing before the bench, said that after the SC’s Oct 3, 2013 judgment, he had sought legal opinion from law ministry regarding the implementation of the court’s order.

“In view of the law ministry’s opinion, we sent a summary to prime minister regarding the demotion of 88 officers,” he said, adding that the PM had approved the summary.

The bench adjourned the hearing for one week as it exempted the establishment secretary from his personal appearance at the next date of hearing.

Published in The Express Tribune, February 27^th, 2014.