PESHAWAR: The Peshawar High Court has suspended the transfer of two officers of the Commissionerate for Afghan Refugees, including a woman, to Dera Ismail Khan and Haripur over their complaint that the CAR commissioner had posted them out of the provincial capital for raising voice against the alleged favouritism in the organisation.

Chief Justice Qaiser Rashid Khan and Justice Syed Arshad Ali directed the counsel for the respondents, including the CAR commissioner, to file detailed comments on the petition revealing whether anyone had held the posts, to which the petitioners had been appointed, during the last 10-12 years.

The bench also recalled its earlier order issued for the attachment of the commissioner’s salary over his failure to attend the last hearing despite the issuance of a notice.

The petition is jointly field by assistant director of the CAR’s Community Development Unit Mohammad Hamad and the woman deputy director of CDU, who challenged the order for their transfer to DI Khan and Haripur, respectively, on Mar 11.

Seeks comments of CAR commissioner on matter

The petitioners requested the court to set aside the order claiming that they had challenged certain acts of the administration before different legal forums and also objected to favouritism by the high-ups in the commissionerate.

They also claimed that their salaries were withheld by the administration.

When the bench began hearing into the petition, CAR commissioner Abbas Khan appeared along with his counsel, Zartaj Anwar, and said he had ordered the release of the salaries of the petitioners in accordance with the court’s orders. He also produced two cheques for the purpose.

When the court asked why he didn’t attend the last hearing despite the issuance of orders, the commissioner said he was busy with a delegation of the UNHCR.

Saleem Shah Hoti, lawyer for the petitioners, said his clients along with few other CAR officers had been victimised for raising voice against different discriminatory acts on part of the administration and harassment by some officers.

He pointed out that few months ago, the administration had also banned the entry of the petitioners and three other officers, including a woman, to the CAR premises.

The counsel said two aggrieved women had also filed complaints with the KP Ombudsperson for Protection of Women against Harassment at Workplace.

The commissioner said he wasn’t named in those complaints.

The counsel for petitioners said though the complaints didn’t carry the commissioner’s name, he didn’t act against the relevant officials, so the complaints were filed with the ombudsperson.

The commissioner said the petitioners were transferred to the two stations as they’re required there.

The bench asked whether officers of the rank of the petitioners had been posted at the said stations in past couple of years.

The counsel for petitioners said no such posting to DI Khan and Haripur had taken place during the last 15 years.

He said his clients had not been treated in line with the law and Constitution.

Published in Dawn, June 18th, 2021

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