PESHAWAR, Oct 3: The Peshawar High Court on Wednesday cancelled the federal government’s order for appointment of a junior judge to a banking court in the province and ordered the filling of the post in question on seniority basis.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Shahjehan Khan Akhundzada directed the provincial law division to notify appointment of district and sessions judge Rafique Hussain Shah as presiding officer of the Abbottabad banking court and submit a copy of the notification to the court within 10 days.

The court’s registrar was told to send the order to the federal law minister and law secretary, too.

Recently, the court recommended three judges, including Rafique Hussain Shah, Azhar Habib and Ms Mah Tallat, for the said post on senioryt basis, but the federal government notified the appointment of a junior judge, Ms Mah Tallat. Thereafter, the court’s human rights cell referred the matter to the chief justice, who converted it into a writ petition for hearing.

During previous hearing on Sept 19, a bench had suspended the notification of the federal government and directed deputy attorney general Mohammad Iqbal Mohmand to convey it to the government to revoke that notification and appoint Rafique Shah to the said post.

The bench had observed that Mr Shah’s name was on top of the list among the three nominees and therefore, he should be appointed and in case, the government had any reservations about him, it should cite a ‘cogent reason’ for it.When the bench took up the case on Wednesday, the standing counsel for the federal government, Jamil Warsak, said attorney general Irfan Qadir was summoned by the court but he could not turn up for being abroad.

The bench inquired about the senior joint secretary of law division, Sohail Qadeer Siddiqui, who was present during previous hearing.

Mr Warsak said Mr Siddiqui was also on leave. He sought time for asking the relevant officials about status of the notification. The bench observed that the matter was of urgent importance as the post had been lying vacant for several months.

It added that public at large, including financial institutions, had been suffering huge losses in absence of the said presiding officer and therefore, action on the matter could not be delayed any longer.

The chief justice asked Mr Warsak why the name on top of the list was left out and the name at the last number was appointed.

He also regretted that many posts at drug courts had long been lying vacant, but the government wasn’t interested in filling them.