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Petition urges IHC to follow SC...

2016-11-10
ISLAMABAD: A petition has been filed in the Islamabad High Court (IHC) seel(ing the execution of the Supreme Court`s verdict regarding illegal appointments and out of turn promotions in the IHC.

SC Justice Amir Hani Muslim had on Sept 26 declared scores of appointments in the IHC illegal and constituted a threejudge committee to examine the cases of out of turn promotions, up-gradations and inductions.

The committee submitted its report inthe apex court last month and before the submission of the report, it terminated the services of IHC Registrar Atiqur Rehman and reverted the Secretary to the Chief Justice (CJ) Mohammad Sohail and Protocol Officer to the IHC CJ Shoaib Atig to their previous grades, The three-judge committee also de-notified the up-gradation of some other employees as well.

The petitioner, Islamabad based lawyer Rana Abid Nazir claimed that the threejudge committee has not performed the functions it was authorised for. It says that under the provisions of the Constitution,the SC`s judgement was binding on the incumbent registrar and other officials.

He cited the names of the former IHC registrar, an additional registrar, deputy registrars, an assistant registrar and a personal assistant as respondents.

According to the petition, several senior officials were promoted out of turn and the IHC registration was duty bound to place this fact before the three-judge committee.

It points out that the IHC registrar had filed a concise statement before the Supreme Court in 2014 which said that the appointments and promotions of the respondents were made in relaxation of therules, a practice which was depreciated by the SC in the judgement referred to.

The petition notes that the IHC registrar did not inform the committee of the out of turn up-gradation of IHC Registrar Rehman.

According to the petition, Mr Rehman was a BPS 21 officer, but was up-graded to BPS 22 in violation of the rules and is still getting post retirement benefits of a BPS 22 officer.

It alleges that the IHC administration did not disclose information regarding the regularisation of Assistant Registrar Mohammad Shafique, who was appointed on the basis of a fake LLB degree. An inspection of the summary of his appointment denotes that he secured the appointment by using a bogus LLB degree.

When this was pointed out later, his services were regularised and the fraudulent act was condoned in relaxation of the rules in 2012.

Referring to the SC`s direction for making fresh recruitments on the vacant positions within 45 days, the petition points out that the IHC administration is yet to initiate the process, even after the expiry of the deadline.

It goes on to say that the registrar`s office also did not place the record of 60 appointments made in 2013.

Though those appointments were made through the National Testing Service, the results were not made public, which lowers the image of the sacred institution of the IHC, the petition said. A singlemember IHC bench will take up the petition on Thursday.