PHC stops govt from acting against energy organisation official
PESHAWAR: The Peshawar High Court on Thursday stopped the provincial government from taking further adverse action against the Pakhtunkhwa Energy Development Organisation’s general manager (hydel), Bahadur Shah, whom a show cause notice has already been given for removal from service over the alleged misconduct.
A bench consisting of Justice Nisar Hussain and Justice Qaisar Rasheed issued notices to the provincial government and energy and power secretary asking them to clarify position on the petition of Bahadur Shah. It later fixed Nov 26 for the next hearing into the case.
The petitioner has challenged the show cause notice issued to him last month by the energy and power secretary on behalf of the competent authority, which is the chief minister.
The petitioner said without any inquiry and formal notice, the final show cause notice was issued wherein he was asked why he should not be removed from service over the alleged misconduct.
Barrister Waqar Ahmad appeared for the petitioner and argued that his client was a BPS-20 officer, who was appointed assistant engineer in BPS-17 in 1987 on recommendation of the Public Service Commission.
He said currently, the petitioner served as Pedo general manager (hydel).
The lawyer said without conducting inquiry or issuing notice to the petitioner about certain allegations against him, including misconduct, the provincial government had issued final show cause notice to him under the Pedo Act.
He said his client was a civil servant and the terms and conditions of service of a civil servant applied to him.
“In Section 12 of the PEDO Act, it is stated the terms and conditions of service of the employees stand protected.”
Barrister Waqar said even the procedure provided in the Pedo Act had not been followed by the respondents.
Earlier, he stated a project director in BPS-19 Engineer Zahid Akhtar Sabri was given final show cause notice in same manner and he had approached the high court, which had stopped the government from further proceedings in the said case.
He requested the bench to stop the government from proceeding further in the Bahadur Shah case.
The bench stopped the government from proceeding against the petitioner and ordered the clubbing of his petition with the petition of Zahid Akhtar Sabri.
PETITIONS CLUBBED: A high court bench on Thursday clubbed petitions of former provincial minister Liaquat Shabab and industries secretary Sajid Jadoon against the appointment of the Khyber Pakhtunkhwa Ehtesab Commission’s director general with other petitions filed against the KPEC Act 2014.
Chief Justice Mazhar Alam Miankhel and Justice Mohammad Younas Taheem ruled that the two petitions would be heard along with other petitions on the matter by a larger bench on Nov 23.
While Liaquat Shabab, a PPP leader, who was arrested by the commission for corruption, was freed on bail granted by the high court, petitioner Sajid Jadoon is still behind bars.
Jadoon was arrested on the charges of misuse of authority and corrupt practices during his tenure as secretary of the excise department.
Published in Dawn, November 13th, 2015