No charge: K-P Services Tribunal reinstates SP, DSPs

Separately, PHC orders promotion of Pakistan Forest Institute officer

PESHAWAR: After remaining out of service for nearly 13 months on charges of involvement in kidnapping and crime rings, SP Rahim Shah and DSPs Banaras Khan and Tajamul Khan can finally heave a sigh of relief as the Khyber-Pakhtunkhwa Services Tribunal has reinstated them.

The relief does not end here. The provision of benefits that these top officials are entitled to has also been resumed. Shah, Banaras and Tajamul were first suspended back in August last year and were subsequently fired on October 21, 2014 in light of a departmental enquiry.



IGP Nasir Khan Durrani removed them on the pretext that they were in cahoots with kidnappers involved in a case from July 2014. The abductee Matiullah was rescued from a house in Hayatabad. Later the aforementioned were accused of having helped kidnappers Gul Daman and Samiullah.

A three-member committee headed by Investigation Wing AIG Muhammad Ali Babakhel, Police Inquiry and Inspection DIG Azad Khan and Operation SSP Najibur Rehman Bagwi conducted the enquiry. The committee’s findings revealed Shah was in contact with Samiullah while Banaras and Tajamul were charged with attesting the tenant form of Daman.

During the proceedings, the officers’ counsel Barrister Waqar Ahmad told the tribunal the enquiry report states no clue was found hinting towards the intent of his clients’ involvement in the crime vide FIR registered on July 10, 2014.

“The officers were accused of signing the tenant form of Daman which is not a crime. Signing of such forms comes in the context of misconduct which cannot be substantiated as a solid ground for removal from service,” said Waqar.

After hearing the arguments, the tribunal ordered the reinstatement of officers and the production of reinstatement orders before the court within a week.

Upping the ranks

In another case, a Peshawar High Court bench comprising Justice Waqar Ahmad Seth and Justice Musarat Hilali ordered the K-P government to promote Hakim Shah from the post of Pakistan Forest Institute director to DG within 15 days.

The court stated if the promotion is not carried out then the chief secretary and additional chief secretary will have to appear in person and explain. The order was issued on a contempt of court petition filed by Shah through his counsel Zartaj Anwar.

Anwar told the court on April 21, PHC had ordered the promotion of his client to the post of DG on BPS-20. However, the additional chief secretary has still held the portfolio as additional charges were given to him on January 14, the act being a violation of court directives.

Published in The Express Tribune, September 11^th,  2015.