SHC restrains inquiry officer from taking adverse action against former Umerkot SP

The Sindh High Court (SHC) has restrained a police inquiry officer from passing any final adverse order against a former Umerkot SP over charges of misconduct.

The interim order came on a petition of former Umerkot SP Aijaz Ahmed Sheikh who challenged the inquiry proceedings and a show-cause notice issued to him by the additional highways and motorways inspector general of police (IGP).

A counsel for the petitioner submitted that he was posted as the Umerkot SP in October 2018; however, on some complaint of a Sindh Assembly member of the ruling party, he was transferred and directed to report to the establishment division.

The counsel argued that the transfer notification was issued in violation of the rotation policy as well as a judgment of the Supreme Court. The lawyer submitted that the transfer was also challenged in the SHC and the high court granted status quo in the matter.

The SHC was informed that despite the restraining order, the additional highways and motorways IGP, who had been appointed as the inquiry officer, issued a show-cause notice to the petitioner over his failure to comply with the impugned notification with regard to his transfer.

The counsel submitted that there were apprehension that the respondent would take adverse action against the petitioner on the basis of the show-cause notice, to which the petitioner had replied.

Regarding the maintainability of the petition, the counsel submitted that since the entire proceedings, including the issuance of the notification, and initiation of the inquiry and show-cause notice had been issued in violation of the law, the petition was maintainable. The high court was requested to grant stay against any adverse action against the petitioner.

The SHC, after the preliminary hearing of the petition, issued notices to the deputy attorney general, Sindh advocate general and additional highways and motorways IGP for November 23.

In the meantime, subject to the maintainability of the petition, the SHC directed the former Umerkot SP to submit his reply to the show-cause notice and restrained the inquiry officer from passing any final adverse order against the petitioner.