PESHAWAR: The Peshawar High Court on Monday issued a stay order against the recent suspension of 27 officers of the fisheries department by the provincial government and provisionally allowed them to work against their respective posts.

A bench consisting of Justice Ishtiaq Ibrahim and Justice Abdul Shakoor suspended a notification issued on Sep 28 by the livestock and fisheries department through which the said 27 officers including directors, deputy directors, assistant directors, district officers and an assistant research officer of different areas were suspended.

It also suspended another impugned notification of the same date through which 27 officers of the livestock department were assigned additional responsibilities to look after the posts of the suspended officers.

The bench issued the order after preliminary hearing into a petition filed by 27 suspended officers.

Asks govt to file response on matter

The bench issued notices to the respondents, including the provincial chief secretary, secretary of the livestock and fisheries departments, and director general (fisheries) asking them to give viewpoint on the matter in the next hearing, whose schedule will be fixed later.

Ijaz Khan Sabi, lawyer for the petitioners, said the suspension of his clients by the livestock secretary was based on mala fide intent.

He said all staff members of the directorate of fisheries were suspended through the impugned notification on Sept 28 under the Efficiency and Disciplinary Rules, 2011.

The lawyer said another impugned notification, 27 other officers of the livestock department, who were non-technical, were assigned the duties of the petitioners.

He said the chief minister and chief secretary were kept in the dark on the matter as copies of the impugned notifications were not forwarded to them.

The lawyer said the entire controversy had started when some posts of fisheries watchers, junior clerks, head watchers, tube-well operators, drivers and electricians were advertised through two public notices on Feb 11, 2017, and June 10, 2017, respectively.

He said all candidates for the said posts were subjected to written test and interview but before issuance of final appointment orders, the process was cancelled and therefore, the candidates who were optimistic about their appointment challenged the same in the high court through a petition.

The lawyer said the respondents in that petition including the secretary and private secretary to the special assistant to the chief minister, who was now the livestock minister, had tried their level best to defend the cancellation of process.

He alleged that former private secretary, Mr Said Wali, had desired that the recruitment process be cancelled which was conveyed to the secretary through a letter on Dec 26, 2017. He added that on Jan 10, 2018, an inquiry committee was constituted regarding the said recruitment process.

Soon thereafter, he said, on Jan 12 the recruitment process was cancelled before the so-called inquiry was conducted. He added that after eight days of the cancellation of the said recruitment process those posts were again re-advertised on Jan 20, 2018.

Mr Sabi said the high court on Sept 25 turned down the illegal interference of the private secretary to the special assistant to the CM in the recruitment process.

He pointed out that on the third day of the said judgment the secretary issued the two impugned notifications on Sept 28.

Published in Dawn, October 9th, 2018