LAHORE: The Supreme Court on Monday directed the Lahore High Court (LHC) to decide, on executive side, a matter regarding dismissal of a civil judge (now retired) in the light of a judgment by the Punjab Subordinate Judiciary Tribunal.

A two-judge bench at the SC’s Lahore registry comprising Justice Umar Ata Bandial and Justice Syed Mazahar Ali Akbar Naqvi heard two appeals -- by Dr Ali Sana Bokhari, the civil judge, and the other by the department/high court.

Dr Bokhari, 76, had filed a reference with the Supreme Judicial Council during service while posted as an officer on special duty at the LHC and filed a contempt petition against the then LHC chief justice in 1992.

The LHC had dismissed his contempt petition and issued him a contempt notice under which he was tried and sentenced to six-month imprisonment on Dec 8, 1993, which was upheld by a division bench of the LHC.

On appealing in the Supreme Court, the sentence was reduced to one month on Dec 6, 2000. Dr Bokhari served his sentence and rejoined service.

Later, while posted as deputy solicitor, he received a show-cause notice from the high court on Aug 11, 2001, under Section 11(1) of Punjab Civil Servants (Efficiency and Discipline) Rules 1999 and was dismissed from service. He challenged the dismissal through an appeal under Punjab Subordinate Judiciary Service Tribunal Act, 1991.

A tribunal comprising three judges of the LHC in 2014 heard the appeal, set aside the dismissal notification and remanded the matter to the executive authority (LHC) for a fresh decision in accordance with the law after affording an opportunity of hearing to the appellant and considering all the legal and factual positions as he had crossed the age of superannuation.

During Monday’s hearing before the SC, Advocate Taffazul Haider Rizvi argued on behalf of the appellant that although six years had passed since the judgement in favour of Dr Bokhari, till date he had not been paid any pension. He said as per rules, after the retirement, the appellant could not be proceeded against on account of any misconduct.

The SC observed that the pivotal question as to whether the conviction under the law of contempt of court being an offence of moral turpitude or otherwise, was firstly to be determined by the authority (LHC) of Dr Bokhari.

The bench disposed of both the petitions with a direction to the authority that the matter be disposed of preferably within three months in the light of the tribunal judgement.

Published in Dawn, May 19th, 2020