Humayun Khan
PESHAWAR: Peshawar High Court (PHC) has suspended seniority list issued by Inspector General of Police (IGP) on 29th March and ordered Chief Secretary Khyber Pakhtunkhwa along with other respondents including provincial government to submit reply, on Tuesday.
Barrister Dr. Adnan Khan appeared before PHC on behalf of Khalid Usman and Muhammad Sohail along with 108 policemen as applicants while raised two different point before the court stated; he argued that only one personnel became a Cadet out of 300 who is promoted and most of the time out of turn because they had obtained distinction during trainings.
The counsel argued that now the cadets are demoting to bring equity with other policemen which isn’t right while added that PHC’s larger bench had already ordered provincial government review rules and regulations in this regard as well constitute committees for the purpose.
However, in Khalid Usman writ petition, Barrister Adnan argued that in 80s the then IGP issued standing orders for instructors that serving for three consecutive years in training center should be eligible for out of turn promotion. He added that it is now record and argued that in 2013&17 Supreme Court of Pakistan has passed two judgements but it’s concluded in context of Punjab and Sindh provinces.
Barrister Adnan argued that IGP making SCP 2013&17 for demotion of Cadets and personnel obtained promotion on 1980s standing orders for serving at police training center for three consecutive years while Supreme Court has rejected CPLA against PHC larger bench judgement in this regard. He added that servant shouldn’t be deprive from once granted benefit and it will be applicable for future.
The counsel further informed that IGP has written a letter to Chief Secretary Khyber Pakhtunkhwa in 2022 to withdraw benefits which was accepted while demotion was started from 13th March following reconstitution Committees in this regard.
Barrister Adnan argued that IGP is liable for imposition contempt of court proceedings because on 22nd March PHC has granted status quo in this regard but on 29th March IGP has issued another seniority list which has impacted position of petitioners by demoting them. He requested PHC to initiate COC proceedings against IGP and other respondents.
The divisional bench of PHC comprising of Justice Ishtiaq Ibrahim and Justice SM Attique Shah has suspended seniority list issued on 29th March by IGP while ordered Chief Secretary along with other provincial government to submit reply and adjourned further hearing.
