Repatriation of five absorbed police officers stayed
Bureau Report
2023-03-29
PESHAWAR: The Peshawar High Court on Tuesday issued a stay order stopping authorities from repatriating five police officers, who were absorbed in the police services of Khyber Pakhtunkhwa, to their respective provinces.
A bench consisting of Justice Musarrat Hilali and Justice Abdul Shakoor issued notices to the Khyber Pakhtunkhwa chief secretary and its inspector general of police (IGP) and sought their response to a petition jointly filed by five deputy superintendents of police against two notifications issued by the latter on March 16 and March 21first to repatriate them and then torelieve them of their services.
The petitioners, including DSP at the Central Police Office Saleem Amanullah and fourothers,requestedthe court to strike those notifications down by de claring them illegal.
They also sought an interim relief from the court through the suspension of action on those notifications until the final disposal of the petition.
Advocate Bilal Ahmad Kakaizai appeared for the petitioners and contended that the respondents, including the KP IGP and its chief secretary, had misinterpreted a Supreme Court order for the repatriation of the employees of certain categories, who were absorbed in the police department after their transfer to it on deputation from other departments.
He said two of the petitioners were initially appointed as assistant sub-inspectors (ASIs) in Sindh in 1993 and 1996, whereas the remaining three were appointed ASIs in Balochistanin1982,1987and1988.
The lawyer contended that the petitioners were transferred from their respective provinces to KP through a proper channel before their absorption in the province`s police department.
He said the service books of the petitioners were prepared and maintained and at the relevant time they were placed at the bottom of the seniority list of police officials.
Mr Kakaizai said afterward the petitioners were promoted from the rank of ASI to that of SI, from SI to that of inspector and lastly from inspector to the rank of DSP and were confirmed as well in each of the cadre.
He said since the petitioners had acquired the required length of service and other criteria for the purpose of promotion to the rank of SP (BPS-18), their working papers were prepared and sent to the provincial promotion board for consideration for promotion.The counsel, however, said the petitioners were astonished to know that the promotion board had not considered them for promotion on the analogy that since they were not initially appointed by the police department of KP, they were transferred from other provinces.
He said the petitioners had challenged their non-consideration by the promotion board before the high court, which disposed of their petition with certain directives to the respondents.
Mr Kakaizai, however, said the respondents including the IGP acted in a mala fide manner and first issued the repatriation order on March 16 and subsequently issued the relieving notification on March 21.
He argued that the apex court`s judgement, which was made the basis for the repatriation of petitioners, was misinterpreted by the respondents as it was related to those officers, who were absorbed in police services in Sindh from other departments.