PESHAWAR, Nov 21: The Peshawar High Court on Monday adjourned hearing in a writ petition challenging the appointment of Leader of the Opposition Maulana Fazlur Rehman’s brother as project director in the Commissionerate of Afghan Refugees (CAR).

The court’s two-member bench comprising Justice Ijazul Hassan and Justice Ijaz Afzal took exception to the request of adjournment made by Advocate Khushdil Khan, representing Ziaur Rehman, brother of Maulana Fazlur Rehman.

The bench observed that no further adjournment would be granted as the case had been lingering on for the last many months. The bench fixed Dec 1 for next hearing.

The petition had been filed by Major (retd) Fayyaz Durrani, who was replaced as project director (Repatriation), CAR, by Ziaur Rehman. The petitioner has stated that the appointment was politically motivated.

A representative of Khushdil Khan presented an application on his behalf seeking adjournment of the case.

Advocate Waqar Ahmad Seth appeared for the petitioner and contended that the respondent (Ziaur Rehman) had been using delaying tactics.

He added that on previous occasions the court had observed that no further adjournments would be allowed to the respondent.

The high court had admitted the writ petition for full hearing in June. The ministry of state and frontier region (Safron), which is also respondent in the petition, had conceded in its comments that the appointment of Mr Zia was against the prescribed rules and regulations. The ministry admitted that it had not given any approval for replacement of the petitioner.

The petitioner had challenged the March 28 order issued by the NWFP chief secretary whereby Mr Zia was appointed as project director (Repatriation), a lucrative post in the commissionerate.

The petitioner has stated that he was serving against a post funded by the UNHCR and he could not be replaced with the order of the chief secretary. He stated that the respondent (Mr Zia) had been serving as assistant engineer in the Pakistan Telecommunication Company (PTCL) and was attached with the NWFP government on deputation.

The petitioner has claimed that a person on deputation could not be appointed against the post of project director (Repatriation).

The petitioner stated that the post could not be filled without the assent of the ministry and a special committee had to be constituted for that purpose.