Judge challenges repatriation to Punjab
By Malik Asad
2014-04-23
ISLAMABAD: While hearing a petition filed by a district and sessions judge against his repatriation to Punjab, the Islamabad High Court (IHC) will examine the appointment of two other judges who were absorbed in the Islamabad judiciary along with the petitioner.
Anti-Terrorism Court (ATC) judge Atiqur Rehman, additional district and sessions judge (ADSJ) Kamran Basharat Mufti and District and Sessions Judge (DSJ) Syed Muzaffar Ali Shah had joined the Islamabad Judicial Service on deputation in 2011 in BS-22.
The IHC authorities sent (DSJ) Syed Muzaffar Ali Shah back to the Punjab Judicial Service on April 9, 2013.In its notification, the IHC administration said the DSJ Syed Muzaffar Ali Shah`s services were no longer required and he was being repatriated to his parent department as additional district and sessions judge in BS-20.
Shah through his counsel Syed Javed Akbar challenged the order of the IHC for sending him back to his parent department that too in lower grade.
His counsel adopted before the IHC Justice Shaukat Aziz Siddiqui that on March 17, 2011, IHC administration committee decided to absorb the Atiqur Rehman fromBlo achi stan, K a m r a n Basharat Mufti from Punjab and the petitioner Shah.
Upon having option from the Petitioner, IHC made a request to the Lahore High Court (LHC) on March 21, 2011 for issu-ance of a no objection certificate for purpose of absorption of the petitioner in the subordinate judiclary of Islamabad.
After completing all the requirements, Shah, Mufti and Rehman were absorbed in the Islamabad judiciary on March 28, 2011.
In April last year the petitioner was sent back to the parent department on the pretext that he was not absorbed in accordance with the rules.
The petitioner subsequently relinquished the charge on April 11 and after a considerably long peri-od of 3 months and 6 days, LHC administration allowed him to join Punjab Judicial Service as ADSJ.
The counsel alleged that the judge was not given due process of hearing at a proper forum for redressal of his grievances and was condemned unheard.
He requested the court to set aside the order for his repatriation enabling the petitioner to resume his work in Islamabad judiciary as DSJ.
The court however asked him to name Judge Rehman and ADSJ Mufti as parties in the petition and adjourned the matter.