PESHAWAR, Dec 22: The Peshawar High Court on Thursday ordered to fix for hearing in the first week of January a writ petition challenging the appointment of Mr Ziaur Rehman, brother of Maulana Fazlur Rehman, as project director in the Commissionerate of Afghan Refugees (CAR).
A bench of Justice Ijazul Hassan and Justice Saleem Khan observed that the case would not be put off again on the request of the respondents.
The petition has been filed by Major Fayyaz Durrani (Retd), who was replaced as project director (repatriation) of the refugees’ organization by Mr Ziaur Rehman.
The petitioner says the appointment of Mr Zia is politically motivated.
The case was fixed for Thursday, but was removed from the cause-list as Mr Rehman’s counsel filed an application requesting for adjournment.
The petitioner’s counsel, Waqar Ahmad Seth, contended that the petition was admitted to full hearing on June 15, and since then it was awaiting the result.
Mr Seth contended that the respondent, Mr Ziaur Rehman, had been using delaying tactics. On previous dates, the hearing had to be adjourned on the request of the respondent’s counsel. Even on the last hearing, he added, the court had observed that no further adjournment would be allowed in this case.
The bench observed that the respondent would not be allowed any other adjournment.
The Ministry of State and Frontier Region (SAFRON), which is also respondent in the petition, has also 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 the replacement of the petitioner.
The petitioner has challenged the March 28 order issued by the NWFP chief secretary for appointing Mr Zia as project director (repatriation), a lucrative post in the commissionerate.
The petitioner has stated that the petitioner was serving against a post funded by the United Nations High Commissioner for Refugees and he could not be replaced with the order of the chief secretary.
He said the respondent (Mr Zia) had been serving as assistant engineer in the Pakistan Telecommunication Company Limited (PTCL) and was attached with the NWFP government on deputation.
The petitioner has claimed that an official on deputation could not be appointed against the post of project director (repatriation).
The post of the director, he said, could not be filled without the assent of the Ministry of Safron and a special committee had to be constituted for that purpose.