KP Service Tribunal head appointed in violation of rules?

PESHAWAR: The Khyber Pakhtunkhwa government has appointed retired Justice Hamid Farooq Durrani as chairman of the Service Tribunal though he has not completed the mandatory two-year period after retirement as he had been serving as the Chief Ehtesab Commissioner.

“In exercise of powers conferred under section 3 (b) (2) of Khyber Pakhtunkhwa Service Tribunal Act, 1974 the government of Khyber Pakhtunkhwa in consultation with the Chief Justice Peshawar High Court is pleased to appoint Justice (R) Hamid Farooq Durrani as chairman KP Service Tribunal Peshawar, for a period of three years and shall not be eligible for re-appointment, in the public interest immediately,” said the notification issued by chief secretary Khyber Pakhtunkhwa.

Official sources said that Hamid Farooq Durrani served as Chief Ehtesab Commissioner till October 2018.

Under section 9 of the KP Ehtesab Commission Act, a person who has held office as commissioner shall not hold any office in the service of Pakistan before the expiration of two years after he has ceased to hold that office.

However, Hamid Farooq Durrani withdrew his last salary on August 27, 2018 and was later appointed as chairman Service Tribunal in violation of section 9 of the KP Ehtesab Commission Act, 2017.

Official sources said the Peshawar High Court wrote a letter to the secretary Establishment Department on September 10 one month before the retirement of the then chairman, and nominated Justice (R) Hamid Farooq Durrani as the new chairman for the Service Tribunal.

About the appointment of Hamid Farooq Durrani as chairman Service Tribunal, a legal expert stated that the appointment was unlawful as there was two years bar on him to join services of Pakistan after retirement as commissioner. He wondered how the high court recommended him for the post as there was two years legal bar on him to join the new post.