PESHAWAR: The Peshawar High Court (PHC) on Thursday restrained the relevant authorities from taking any action against over 150 employees appointed in the Khyber Pakhtunkhwa Law Department, whose appointments were canceled on the recommendations of an inquiry committee set up by the Chief Secretary.
A two-member bench comprising Justice Naeem Anwar and Justice Khurshid Iqbal while hearing the petitions filed by Waqas Akbar and 163 other petitioners also sought a response from the government on the matter.
Petitioners’ counsels Khalid Rehman and Muhammad Ghazanfar Ali informed the court that the petitioners had applied for positions of computer operator, junior clerk, driver, naib qasid, watchman and sweeper in the Law, Parliamentary Affairs and Human Rights Department.
Written tests were conducted for the posts of computer operator, junior clerk while interviews were held for Class-IV positions, all of which the petitioners qualified. The selection committee also conducted interviews for computer operator, junior clerk, which they also passed. After completing all necessary procedures, the selection committee recommended the petitioners for appointment based on merit, and appointment letters were issued on February 12, 2021.
Upon issuance of the appointment letters, the petitioners were posted in various districts of the province. However, their appointments were suddenly and unlawfully canceled, prompting them to approach the PHC. Based on court orders, they were reinstated on March 12, 2021.
Khalid Rehman advocate informed the bench that some unsuccessful candidates challenged the appointments in court. Subsequently, the PHC directed the National Accountability Bureau to verify the transparency of the appointments, and NAB submitted its report. Similarly, the Provincial Inspection Team also conducted an inquiry and submitted a report that identified certain irregularities. However, the counsel emphasized that all petitioners were selected based on their qualifications and experience.
During the inquiry, the responsibility for irregularities was placed on members of the scrutiny and selection committees. As a result, the chief secretary formed another committee to investigate, which recommended the cancellation of the appointments.
The petitioners’ counsel argued that the inquiry committee had no mandate to recommend cancellation of the recruitment process as it was only authorised to recommend action against the committee members responsible.
Based on the committee’s recommendations, the salaries of the petitioners were stopped, and instructions were issued to recover salaries already paid, which was illegal and unconstitutional.
The lawyers pleaded that in such cases, any irregularity or illegality should make the appointing authority liable, not the candidates who were hired through a proper process.
They prayed the court that the October 3, 2024 recommendations of the inquiry committee and subsequent notifications issued in 2025 be suspended until the case is decided.After arguments, the court observed that the petitioners were not included in the inquiry nor given an opportunity to be heard, which violated the principles of justice.
The court issued notices to the Secretary Law and director general Law and Human Rights KP, seeking a reply within 14 days, and restrained any action against the petitioners in the meantime.
