January 4, 2006	Wednesday	Zilhaj 3, 1426

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ISLAMABAD, Jan 3: The Supreme Court on Tuesday expressed displeasure at a “frivolous” petition filed by a senior government employee in violation of the relevant rules and regulations to block the absorption of a public servant in a government department.

“The people are sick and tired of the judicial system, as frivolous petitions like these cause unnecessary delays in dispensation of justice,” observed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry while hearing an appeal of Joint Director Anti-Narcotics Force (ANF) Col Saeed Iqbal Warraich against orders of the Lahore High Court (LHC).

The three-member bench was about to impose a fine of Rs100,000, to be paid by the petitioner from his own pocket for wasting the court’s time. However, Advocate Mohammad Sharif, the counsel for Col Warraich, sought a week to get fresh instructions from his client, otherwise, he feared, he had to bear the burden.

On counsel’s repeated requests, the bench adjourned the case for Wednesday but wondered as to how a joint director could dare approach the apex court without seeking prior approval from his controlling authorities.

“We will issue strictures against him by imposing a heavy fine, which he should bear from his own pocket, as the public exchequer should not be burdened on such frivolous petitions,” the bench observed and said the petitioner should have sought approval from the Interior Ministry and the Establishment Division before filing the instant petition.

Perhaps, he knew that both government offices would oppose the idea of filing this petition, Justice M Javed Buttar, a member of the bench observed.

Col Warraich had moved an appeal against the Lahore High Court orders directing absorption of Major (retd) Aurengzeb as a regular employee in the ANF.

Maj Aurengzeb had joined the then Pakistan Narcotics Control Board (PNCB) in 1986 on contract but in 1988 the Establishment Division issued a notification suggesting regularization of his post in the department.

Later he was transferred to the Islamabad Capital Territory Administration on deputation for a three-year period, which was then extended to another two years.

Maj Aurengzeb was, however, denied the opportunity to resume his service in his parent department, which was then re-named as ANF, when he completed the deputation period.

On Tuesday, the Supreme Court referred to the Rule 14 of the government rules and regulations and asked the petitioner’s counsel to show in which capacity the joint director came to the court to file this petition.

The rules are framed so that every Tom, Dick and Harry should not come to the courts by filing frivolous petitions, the bench observed.

Justice Javed Buttar observed that the deputy advocate general, who was on notice in the instant petition, did not appear before the court because he had no instructions from the government on the case.

The court then deferred the proceedings for Wednesday with a direction to the counsel to get instructions from his client about the fate of the petition or get ready to face the penalty.