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Published 01 Feb, 2020 06:49am

CJP rebukes govt for delay in filing appeals against LHC decisions

LAHORE: Chief Justice of Pakistan Gulzar Ahmad on Friday rebuked the Punjab government for delayed filing of appeals to challenge decisions of the high court.

“What can we do if the government does not wake up for its own right?” regretted the chief justice hearing an appeal by the Punjab Irrigation Department at Lahore registry.

Justice Umar Ata Bandial and Justice Ijazul Ahsan joined the CJP on a three-member bench that found the department’s appeal time-barred.

The CJP observed that apparently the department intentionally delayed the appeal against the decision of the Lahore High Court whereas the impugned decision was full of illegalities.

He ordered an additional advocate general to ensure the officials responsible for the delay in filing of the appeals were taken to task.

Separately, the bench dismissed an appeal by the provincial government against appointment of a woman secondary school teacher of Physics.

The additional advocate general argued that the Education Policy 2011 required that a SST must be a subject specialist but the respondent woman, Shumaila, had been appointed as physics teacher despite having not studied the subject in FSc and MSc.

However, the bench observed that the advertisement for the post had not mentioned such a requirement for FSc whereas the respondent studied physics in BSc.

The bench dismissed the appeal.

Meanwhile, the bench also dismissed an appeal of a patwari terminated on charges of misappropriation in government fee for mutation.

The bench observed that the appellant/patwari caused a loss to the public exchequer and did not deserve any concession.

Sheikh Mubarak through his counsel contended that he was accused of not depositing Rs75,000 of mutation fee in government treasury.

He said the department terminated him without affording an opportunity of hearing. The appellant said he faced no allegation of corruption during his 32-year long career. He asked the court to issue an order for his reinstatement to the service.

However, the bench dismissed the appeal.

Published in Dawn, February 1st, 2020

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