KARACHI, Aug 24: The Sindh High Court has issued a show cause notice to the establishment secretary in a contempt application moved by a grade 20 income tax officer for violation of a court order in his favour.

The court had passed a consent order on May 26, 2005, directing the establishment division and the central selection board that income tax commissioner Khan Matiur Rehman’s performance in a staff college course should not be allowed to stand in the way of his promotion to grade 21. The officer was earlier superseded on that ground.

Subsequently, on April 6, the court gave the respondent authorities two months to comply with its order of May 2005 and reconsider the officer’s promotion case in accordance with it. The court observed that the respondents were in contempt but it was taking a lenient view by not inflicting any punishment. The Supreme Court dismissed a government petition for leave to appeal against the SHC order, which was not complied with and the petitioner moved a contempt application.

A division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Yasmeen Abbasy, which heard the contempt plea, noted in its order of Aug 23 that a detailed reply purported to have been signed by Syed Tariq Ali Bokhari, Secretary, Establishment Division, had been produced by federal government standing counsel Mahmood Alam Rizvi. The secretary has attempted to justify the earlier and subsequent supersession of the applicant officer.

Without going into details, the bench pointed out it was evident that while the high court had categorically held by the consent order of May 26, 2005, that the applicant officer’s performance at the staff college should not stand in the way of his promotion, an attempt to justify his supersession on the basis of such performance had been made by the establishment secretary in his reply.

Moreover, the bench recalled, while the court had ‘explicitly’ held by its order of April 6 that its final direction of May 2005 had not been acted upon and that could amount to contempt but restrained itself from afflicting penalty, the secretary chose to defy the order once again by failing to give effect to it despite full knowledge of the fact that leave to appeal against the order had been declined by the Supreme Court.

With the object of upholding the rule of law, the bench remarked, “we have no option but to issue notice to Syed Tariq Ali Bokhari, Secretary, Establishment Division, to appear in person at 11am on Sept 19 and show cause why proceedings for contempt of the authority of court should not be initiated against him”. The alleged contemner may engage a private counsel if he so wishes. The order may be communicated directly to him. The Sindh advocate-general, who is expected to assist the court, may also be issued a notice, the bench directed. Advocate Farogh Nasim appeared for the applicant.The secretary and central revenue board chairman Abdullah Yousuf are already on notice for Aug 31 in another contempt application moved by another grade 20 income tax officer. Applicant Iqbal Ahmed Jumani submitted through Advocate Mansoorul Haque Solangi that a central selection board meeting held on June 16 decided not to promote him and two other grade 20 officers in contravention of the high court order of April 6. On June 23, meanwhile, a notification promoting eight junior officers of the income tax department was issued in further violation of the court order.

Applicant Jumani submitted that the establishment secretary and the CBR chairman had willfully acted / defied the court order and were liable to be prosecuted for contempt. He requested the court to set aside the June 23 promotion notification of eight junior officers and direct the respondents to restore his seniority.