ISLAMABAD: A civil judge of Islamabad district judiciary has filed an appeal against a decision of the Islamabad High Court (IHC) over his supersession and seeking promotion as senior civil judge.

Civil judge Inamullah requested the court to set aside Section 5 of the Islamabad Subordinate Judiciary Service Tribunal Act 2016.

He also sought from the court to set aside the recommendations of Departmental Promotion Committee (DPC) held on March 21, 2022 and the notification of April 6, 2022 regarding his supersession as illegal.

A two-member bench of Islamabad High Court (IHC), comprising Justice Aamer Farooq and Justice Saman Rafat Imtiaz, will hear the appeal on Wednesday.

Seeks order to declare Departmental Promotion Committee’s recommendations as illegal

Earlier, IHC Justice Arbab Mohammad Tahir had dismissed the petition of the civil judge, observing that Article 199 of the constitution was quite comprehensive under which the court may entertain matters that could not be decided in any other forum.

He observed that where an appeal, review or representation to a departmental authority was provided, the jurisdiction of a high court could not be invoked.

Subsequently, he sustained the office objections that the petitioner cannot file a writ against the administrative decision of the high court and declared the petition as not maintainable.

Justice Tahir however advised him to file representation with the Judicial Service Tribunal to redress his grievances.

It may be mentioned that about two dozens judges have filed representations against their adverse performance evaluation reports. A few of them have also challenged their supersession before the service tribunal.

However, representations of senior civil judges Amir Aziz Khan, Inamullah and Shabbir Bhatti are pending before the tribunal since 2016.

IHC Chief Justice Aamer Farooq has constituted two-judge committee for rederssal of judges grievances.

According to an office order issued by the registrar office, the IHC administration on the direction of Chief Justice Aamer Farooq constituted a committee comprising Justice Tariq Mehmood Jahangiri and Justice Saman Rafat Imtiaz “to examine the representations of the judicial officers of Islamabad Judicial Service against adverse remarks in annual confidential reports/performance evaluation reports”

The committee after hearing the grievances of the judges would place its recommendations before the IHC chief justice. They contended in the departmental representations that they had been unjustly denied promotions as the Departmental Promotion Committee (DPC) made wrong evaluation of their performance.

It may be noted that at least four judges have resigned in a couple of years over their supersession.

Civil judges Imran Sikandari, Sabihul Hassan, Saqib Bhatti and Shaukat Rehman Khan were among the judges.

Former judge Sikandari had also filed a representation asking the administration either to overturn his supersession or treat the representation as his resignation. The competent authority accepted it as his resignation and relieved him.

Published in Dawn, January 22nd, 2023