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Published 24 Oct, 2003 12:00am

PESHAWAR: PHC suspends appointment

PESHAWAR, Oct 23: A two-member bench of the Peshawar High Court on Thursday suspended an official notification replacing a director with a university teacher at the directorate of social welfare.

The bench comprising Justice Malik Hamid Saeed and Justice Fazlur Rehman Khan sought comments from the NWFP chief secretary and other departmental heads.

The order was issued in a writ petition filed by Zarina Imdad, who was director before she was made deputy secretary. Ms Imdad was replaced by Dr Fakhrul Islam, an associate professor at Peshawar University. He has been appointed on deputation.

The bench directed that the impugned notification would remain suspended until next order.

Appearing for the petitioner, advocate Ali Jamil Qazi argued it was a case of quo warranto. He said respondent Dr Islam should be asked as to under what authority he had been holding the office of director.

He argued that under 1981 rules, the director should be appointed from among the senior most employees of the directorate.

He said if a suitable person was not available among the employees for promotion then a suitable person from any other government department should be appointed.

The lawyer maintained that Dr Islam was not an employee of the government department, therefore his appointment was illegal and against the law.

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