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Court puts on hold KP Assembly official’s suspension


May 22, 2019

PESHAWAR: The Peshawar High Court (PHC) on Tuesday put on hold the suspension order of a senior additional secretary Khyber Pakhtunkhwa Assembly by KP Assembly speaker till next order of the court.

A division bench comprising Justice Ikramullah Khan and Justice Musarrat Hilali suspended the notification about the charge sheet and suspension order of Kifayatullah Khan Afridi, senior additional secretary KP Assembly, issued by KP Assembly speaker.

The bench put on notice KP Assembly speaker Mushtaq Ahmad Ghani, directing him to submit a reply to the legal questions raised in the petition. The bench issued an interim order in the writ petition filed by Kifayatullah Khan Afridi, senior additional secretary KP Assembly.

Ali Azim Afridi, counsel for the petitioner, submitted that when the petitioner sent an application to the KP Assembly Speaker for compliance with the KP Service Tribunal order on his seniority and illegal demotion of the respondent KP Assembly secretary, the speaker rather instead of compliance with the court order issued him charge sheet and his suspension order.

He pointed out before the bench that due to violation of rules and regulations in appointment and promotion, the KP Service Tribunal observed in a judgment against the present assembly speaker and the then speaker that, “By now it has been established beyond any shadow of doubt that the then speaker and present speaker of KP Assembly have one point agenda to promote cronyism, nepotism and favouritism at the cost of merit, transparency, fairness, equality and justice, it amounts to misuse of official authority and is open to cognizance and judicial scrutiny by the quarters concerned.”

The present respondent KP Assembly speaker, it said, is duty bound to implement the judgment of the Service Tribunal, which has got finality, but he instead of doing the needful opted for circumventing and bypassing the command of the Constitution and laws of the land.

The lawyer submitted that instead of implementing the judgment of the court, the KP Assembly speaker on May 11, suspended the senior additional secretary and issued him a charge sheet asking him to explain the charges levelled in the charge sheet against him. As per the copy of the charge sheet, the Speaker KP Assembly has questioned that the petitioner got himself appointed in the assembly in 1992 in violation of rules, procedure and merit.

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