ISLAMABAD, April 12: The Supreme Court on Monday approved the demotion of two civil servants without "formal inquiry" under the Removal from Service (Special Powers) Ordinance, promulgated by President Gen Musharraf in 2001.

The SC bench, headed by Justice Mian Mohammad Ajmal, held that the demotion of Munir Ahmad, deputy commissioner of Laki Marwat, and Abdul Wahid, assistant commissioner of Lakki Marwat, was justified. Both the officers were suspended by the NWFP governor on his visit of Lakki Marwat when he saw heaps of garbage in the city.

The SC bench in its judgment said: "The competent authority, while exercising the power conferred under Section 5(4) of the NWFP Removal from Service (Special Powers) Amendment Ordinance 2001, rightly observed that there was no need of holding a formal inquiry in the case because the charges against the respondents had been proved."

The Supreme Court held that the respondents being highly paid civil servants were bound to take care and check the municipality and their primary duty was to look after and supervise the sanitation and cleanliness of the town, but they failed to discharge their responsibilities.

The Supreme Court held that the Services Tribunal decision of restoring the officers to their rank, was incorrect and on some "extraneous circumstances." The Services Tribunal in its decision had upheld the appellants' contention that Lakki was a town with a rural outlook and its "general population still lacked the desired sense of hygiene and sanitation.

"They prefer to store garbage in open areas near their houses so that it could be used as fertiliser in their agriculture fields." The SC said that observation of the Service Tribunal was not borne out from the record, because it was not submitted in the pleadings of the respondents.

"The tribunal without considering the legal provisions and on some extraneous circumstances allowed the appeals of the respondents, therefore, the impugned judgment is not in consonance with the law laid down by this court."

The SC bench consisted of Justice Mian Mohammad Ajmal, Justice Syed Deedar Hussain Shah, and Justice Faqir Mohammad Khokhar.