PESHAWAR: A Peshawar High Court bench has rejected the petitions of two police officials against the cancellation of the government’s orders for their absorption in the Federal Investigation Agency.

Chief Justice Waqar Ahmad Seth and Justice Mohammad Naeem Anwar ruled that the petitions filed by sub-inspector Syed Naseer Ahmad Shah and assistant sub-inspector Fayyaz Hussain challenging the orders for the cancellation of their absorption in FIA were not maintainable in light of a Supreme Court judgment delivered on June 12, 2013.

Petitioner Syed Naseer was transferred to FIA on deputation on April 16, 2010, for three years.

PHC declares petitions not maintainable in light of SC verdict

He was absorbed in FIA as a sub-inspector (BPS-14) on May 28, 2011, with an immediate effect.

However, the absorption order was cancelled by the government on Sept 8, 2017, in light of the June 2013 Supreme Court judgment in different cases regarding civil servants.

The petitioner had challenged that order in the high court, which initially issued a stay order in his favour allowing him to continue in the FIA until the final disposal of the petition.

Similarly, petitioner Fayyaz Hussain was placed at the disposal of FIA on Jan 2, 2012, for three years on deputation. He was later absorbed in the FIA.

However, his absorption was cancelled through an order on Jan 3, 2018, in view of the judgment of the Supreme Court.

Deputy attorney general Ahmad Saleem appeared for the federal government, while additional advocate general Qaiser Ali Shah represented the provincial government.

In a detailed judgment of the case, the court said after the absorption of petitioner Syed Naseer Ahmad in FIA, the ASI’s staff (FIA employees), Khyber Pakhtunkhwa, had submitted representations against his permanent absorption saying it’s in contravention of the prescribed rules and regulations.

It added that the inquiry report recommended the cancellation of the petitioner’s permanent absorption in FIA, while the petitioner was repatriated to the police department on Apr 1, 2014.

The petitioner challenged that order in the high court but that order was withdrawn the same year leading to the disposal of that petition.

The bench observed that the mentioning of those facts about petitioner Syed Naseer was to show that how a constable/computer operator manipulated his unprecedented promotion in a short span of four months as the head constable. He was promoted as an ASI in Dec 2008 on officiating basis and a sub-inspector on Jan 5, 2009.

It added that on transfer to FIA on deputation, the petitioner was absorbed in FIA permanently on May 28, 2011 within one year and 20 days.

The bench observed that the Supreme Court had directed all provincial chief secretaries and establishment secretaries in June 2013 to streamline the service structure of civil servants in line with the principles laid down in its judgment.

It added that in pursuance of the criteria set by the Supreme Court, the FIA formed a committee to scrutinise the case of all concerned.

The bench said the petitioner was repatriated to his parent department after his absorption in FIA was cancelled, while the KP police had promoted him out of turn.

It ruled that as the matter had already been dealt with by the Supreme Court, the petition before it was a closed transaction.

Published in Dawn, October 19th, 2019