ISLAMABAD: The Islamabad High Court (IHC) on Tuesday dismissed the petition challenging the appointment of Capital Development Authority’s (CDA) Director General (DG) Environment and imposed a fine of Rs100,000 on the lawyer over frivolous litigation.
IHC Justice Mohsin Akhtar Kayani dismissing the petition of Asim Riaz observed that the petitioner was neither an employee nor was aggrieved from the appointment made in the CDA about 25 years ago.
The petitioner’s counsel Raja Saifur Rheman advocate adopted before the court that the civic agency appointed the DG on March 14, 1995 bypassing the stay order granted by the Lahore High Court.
He contended that the appointment may be declared as void ab-initio since the DG was ineligible for the said post.
Counsel for CDA contended that the petitioner is not an employee of CDA, hence, has no locus standi to file the instant writ petition.
He said the petitioner had concealed certain facts from the court in order to derail the course of justice.
Kashif Ali Malik, counsel for DG, told the court that his client was appointed on the basis of advertisement published in newspaper for the post of Horticulture Officer (BPS-16) and only qualification was three years experience in the relevant field and was holding B.Sc (Agriculture) degree. As such he was selected on merit having M.Sc (Agriculture) degree with relevant experience.
The court observed that the DG Environment holds the requisite qualification and experience, therefore, the very allegation of ineligibility on the basis of qualification could not be proved.
The court further observed that the matter was not a public interest litigation rather petition is based upon motives of certain official of CDA, who has hired the services of present petitioner though the petitioner has no direct knowledge of any of the facts of this case.
Therefore, when no justiciable reasons have been brought on record from petitioner’s side filing of writ petition has to be considered being filed with malafide intentions.
Published in Dawn, January 26th, 2022
