PESHAWAR, Jan 5: A single bench of the Supreme Court has dismissed an application of the NWFP health secretary filed for staying the contempt of court proceedings against him by the Peshawar High Court.

After the rejection of the application, a high court's bench will hear the case against the health secretary on Jan 13. During the last hearing the high court had directed the secretary to file a reply in response to a show cause notice issued to him, asking him why contempt of court proceedings should not be started against him.

It is learnt that the NWFP advocate general Barrister Jehanzeb Raheem appeared before the bench comprising Justice Mian Muhammad Ajmal and contended that the proceedings against the applicant may be suspended till final disposal of an appeal pending before the Supreme Court.

However, the bench turned down his plea, directing the applicant to file reply to the show cause notice issued to him. The contempt of court proceedings were started against the secretary by a two-member bench of the high court comprising Justice Nasirul Mulk and Justice Dost Muhammad Khan after continuous non-compliance of the court orders.

Advocate Qazi Muhammad Anwer has been representing the petitioner, Dr Hasham Daraz, on whose request the court started proceedings against the official. The petitioner was functioning as medical superintendent of a hospital at Miramshah when he was transferred to Dir on April 7, 2001. The NWFP Service Tribunal decided the case in his favour on July 3, 2001.

However, after his reinstatement on the said post he was again transferred after few days on Oct 20, 2001. He again moved the Services Tribunal and his transfer order was set aside on May 7, 2002. The petitioner claimed that the order of the tribunal was not complied with and instead he was asked to stay at home and receive his monthly salary.

He filed a contempt of court petition in the high court and a two-member bench on Oct 30 ordered the health department to comply with the court's order within 14 days.Few days back the petitioner filed another application stating that the officials had not complied with the orders.