KARACHI, Sept 30: The row over the appointment of DIG Shahid Hayat as Karachi police chief took a dramatic turn on Monday when some disgruntled senior officers moved the Sindh High Court through a constitutional petition against their junior colleague.

Five officers of the Police Service of Pakistan — DIG-Training Allah Dino Khawaja, Additional IG-R&D Bashir Memon, DIG-Special Branch Sanaullah Abbasi, DIG-T&T Azhar Rashid, and DIG-CID Dr Ameer Ahmed Shaikh — all in BPS-20, in their petition asked the court to order the removal of DIG Hayat from the office of the Additional Inspector General of Police, Karachi.

The disgruntled officers were earlier learnt to have taken up the matter with the chief secretary. They had also refused to salute the respondent DIG Hayat insisting that he was junior to them.

Impleading the chief secretary, provincial police chief and DIG Hayat as respondents, they stated that a junior officer was posted as Addl IG, Karachi Range in his own pay and scale despite the availability of many senior, competent and experienced officers of grade-21 and grade-20 in sheer violation of police rules and judgements of the superior courts.

The petitioner DIGs, represented by Barrister Zamir Ghummro, submitted that DIG Hayat was also a grade-20 officer and was at serial number 89 in the seniority list as he was promoted only two years ago.

They said that the junior DIG had not yet qualified the staff college course, a mandatory requirement for promotion to grade-21, still he was posted against a grade-21 post.

The petitioners submitted that they were hardworking, honest and diligent civil servants, who had dedicated their lives in the service of the government.

They said that they had never undergone any disciplinary action, nor had their actions been impugned at any time for any justifiable reason throughout their career.

The petitioners stated that DIG Hayat was appointed in glaring violation of Rule 8-B of the Civil Servants (appointments, Promotion and Transfer) Rules, 1974.

They said that according to various judgements of the Supreme Court and the Sindh High Court, civil servants cannot be appointed/posted on acting/current charge basis on OPS (own pay scale) or otherwise, when civil servants in the higher grade were available and awaiting postings(s) thereof.

Besides, the petitioners said, the posting of DIG Hayat against any post, including the present one, was also in violation of inter-provincial transfer policy as the respondent police officer did not serve in any other province or province of his domicile since his promotion.

They submitted that DIG Hayat was not even otherwise eligible for holding the acting charge of the position of grade 21 as he did not pass the required and mandatory training/course for the post.

The petitioners said that under the law the appointment/transfer/posting of a grade-21 officer in the police department had to be made by the chief minister of the province but in the instant case the chief secretary exercised the authority of the chief executive of the province and any approval of the CM in the impugned notification of DIG Hayat’s posting was conspicuous by its absence.

The petitioners stated that they were led to believe, and were in fact affirmatively informed that they were being appointed by the government with all the benefits and perks that come along with such an appointment, and more importantly a guaranteed due process throughout the term of service.

They said that they by sheer dint of hard work, honesty and dedication possessed an unblemished service record and had earned promotions to next higher grades in due course of time and were presently serving in grade 20.

The petitioners requested the court to direct DIG Hayat to show authority of law under which he was holding his position as Addl IG, Karachi Range (BPS-21) and on his failure to do so issue writ against him.

They requested the court to order the suspension of the notification issued for the appointment of DIG Hayat till final disposal of the petition.