LHC stays demotion of 29 police officials

By our correspondents
July 05, 2016

LAHORE

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The Lahore High Court on Monday stayed demotion of 29 more police officials and directed the department to decide the matter of aggrieved officers by giving them an ample opportunity of hearing.

Justice Muhammad Ameer Bhatti issued the order on five petitions filed by SP Rana Masroor, Muhammad Mumtaz, DSP Muhammad Iqbal, Mazhar Fareed, Shahzadi Gulfam and others. Previously, the judge stayed demotion of 12 police officials. The total number of police officials who approached the court had reached 42.

The police officials through their counsel contended that they did not fall in the category of out-of-turn promotion. They said IGP Mushtaq Sukhera had misinterpreted the decision of the Supreme Court and issued a notification on June 23, 2016, to demote them.

The counsel said the authority had not heard the point of view of the petitioners before issuing their demotion orders. He prayed to the court to set aside the notification.

The court suspended the notifications and directed the additional IGP to decide cases of the petitioners after hearing each of them. Operation of the notification of June 23 would be suspended till a fresh decision by the Addi-IGP, the judge observed.

Club allowed to manage services: The Lahore High Court on Monday allowed Royal Palm Country Club administration to manage its services temporarily without disturbing the possession of Pakistan Railways.

Justice Shams Mahmood Mirza issued this order on a petition of Mainland Husnain Pakistan Limited, the administration of the Royal Palm. Supreme Court Bar Association President Syed Ali Zafar, PPP Senator Advocate Aitzaz Ahsan, Advocate Umar Riaz and Advocate Haroon Rashid appeared before the court on behalf of the petitioner.

The judge in his order held that in view of the statements made by the counsel of the both parties and in order to protect the integrity and the standard of services, as an interim measure, it is directed that the golf, sporting facilities and other services shall henceforth be managed by the petitioner’s club/management without disturbing the possession of the PR.

The respondents shall immediately allow the management of the club to restore the golf and sporting facilities for the members, the judge said. The order said the with the consent of the parties, the finance department shall be managed by the committee headed by KPMG, a chartered accountant firm. Kamran Yousifi, the senior partner of KPMG shall head a committee which shall comprise of Pervaiz Qureshi, director of the club, and Ghulam Murtaza, member finance. The committee shall take decision by majority vote, the judge said. All the parties shall render full assistance to the head of the committee, the judge ordered.

The court order said that the said committee shall remit the salaries of the employees of the petitioner club preferable by today (July 4). The committee shall also remit the money for day to day affairs of the club, the judge said.

The judge also directed the respondent PR to file written reply before the court on or before September 01, the next date of hearing.

Counsels for the petitioner submitted before the court that various clauses of the implementation agreement dated July 26, 2001 were violated as without using the forum of arbitration the respondents could not have taken over the possession of the golf club and the sports facilities. They submitted that there is no clause in implementation agreement which was executed by the President of Pakistan with the petitioner, for allowing the respondents to take possession of the premises. They also referred to the stay order granted by the civil court on March 10, 2016, in a suit filed by the petitioner. They stated that the facility of golf at the petitioner’s club required expert hands to manage it failing which irreparable loss shall occur to the intricate and complex water and electric supply equipment.

The imported grass at the club, the counsels said, requires special care and was being ruined on account of hundreds of Railway Police personnel who had camped over there. The employees of the petitioner’s club also required to be paid well before the Eid, they said. The members were not being allowed entry in the club and the functions, including marriage ceremonies already arranged and booked by the public were not being allowed to take place, they said. The counsels for the club submitted that for the present they would not press this court for vacation of possession by the personnel of the Pakistan Railways. They prayed that pending the decision of the stay application and the main petition, the management of the petitioner’s club be permitted to run and manage the facility of golf and its sports and other facilities until the next date of hearing.

Counsel for the respondent PR submitted that the process provided for in law and under the agreement was duly complied with by the respondents before rescinding the implementation agreement. He made a statement that the employees of the club shall be taken back and that soon after Eid holidays, the club, its golf and sporting facilities shall be opened for its members. He stated that the marriage and other functions shall be allowed by the respondents as per the prior engagements and bookings.

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