May 14, 2005	Saturday	Rabi-us-Sani 5, 1426

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PESHAWAR, May 13: The ministry of state and frontier region on Thursday admitted before the Peshawar High Court that the brother of opposition leader Maulana Fazlur Rehman had been appointed project director in the Commissionerate of Afghan Refugees without meeting necessary requirements. A bench of the court, comprising Justice Shehzad Akber Khan and Justice Fazalur Rehman, took up for hearing a writ petition filed by Maj (retd) Fayyaz Durrani who had been replaced as the project director (repatriation) by Ziaur Rehman, the brother of Maulana Rehman.

The bench sought comments from the NWFP chief secretary within ten days.

The ministry in its comments filed in reply to the writ petition conceded several points raised by the petitioner and admitted that the replacement of Mr Durrani was against prescribed rules.

The ministry, which is one of respondents in the petition, admitted that it had not given any approval for the replacement of the petitioner.

The petitioner has challenged the March 28 order issued by the chief secretary whereby Mr Rehman was appointed project director.

A section officer of the ministry appeared before the court and gave an undertaking that the contents mentioned in the comments were correct.

Advocate Waqar Ahmad Seth appeared for the petitioner and contended that his client had been serving against the post funded by the United Nations High Commissioner for Refugees and he could not be replaced by the order of the chief secretary.

He stated that the respondent (Mr Rehman) had been serving as assistant engineer in the Pakistan Telecommunication Company and attached with the NWFP government on deputation.

Mr Seth argued that an official on deputation could not be appointed against the post.

The petitioner stated that the post could not be filled with the assent of the ministry and a special committee had to be constituted for that purpose.

He stated that no order had been issued regarding him whether he was removed or transferred or adjusted on another seat.

He questioned that how Mr Rehman could be posted against a seat which had not fallen vacant and said that his appointment was politically motivated as he was the brother of the opposition leader.

The petitioner added that he had been appointed on the post for a fixed term and could not be replaced in such a manner.

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