Violation of disciplinary law
Terminated judges to challenge decision
PESHAWAR: The Peshawar High Court (PHC) on Saturday removed 13 judges of the district judiciary from service for violating disciplinary law.
An official communiqué issued by PHC Registrar Muhammad Salim Khan said that as the competent authority, the PHC chief justice with the consent of administrative committee removed the13 judicial officers from service while restoring the services of one civil judge.
“After findings, the 13 judicial officers were found guilty, the competent authority/chief justice with the concurrence of administration committee has imposed upon them major penalty of removal from service. Johar Ijaz Ali, civil judge, has been exonerated from the charges,” the official communiqué said.
The terminated judges include District and Sessions Judge Sardar Muhammad Irshad, and Additional District and Sessions Judges Malik Amjad Rahim, Amjad Makhdoom, Mohsin Ali Turk, Qaiser Rahim, Manzoor Qadir, Abdul Hakeem Hashmi and Riffat Aamir.
Four senior civil judges including Safeer Qaiser Malik, Adil Akbar Khan, Rashid Rauf and Shah Hussain and civil judge Tasawar Hussain were also sacked. The communiqué said that disciplinary proceedings were initiated by the high court against the 14 judges of the district judiciary, who were issued show-cause notices by adopting the summary procedure as envisaged in Rule-11 of the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011.
“After submission of replies to the show-cause notices, proper opportunity of personal hearing was afforded to all the judicial officers. They were further provided the opportunity of hearing before administration committee of the high court,” the communiqué explained.
First the administrative committee placed their services under suspension and they were served with show-cause notices, asking them to explain their position. The administrative committee was headed by PHC Chief Justice Yahya Afridi. Three senior-most judges including Justice Waqar Ahmad Seth, Justice Qaiser Rashid Khan and Justice Roohul Amin Khan were its members.
Meanwhile, the sacked judicial officers told this scribe that no proof was produced when they appeared before the administrative committee. They said they would challenge the decision in the Services Tribunal and take the legal battle even to the Supreme Court.
“I was removed on the basis of personal grudges. No evidence was produced against me during my appearance before the administrative committee,” a judge complained. He added that the show-cause only said that your general reputation was not good.
“I was told there was negative impression about me in public,” another judge said, adding that no proof was produced on the basis of which he could be removed from service.
Under the E & D Service Rules, they said there should be proper inquiry before taking disciplinary action, but in this case no inquiry was conducted and 13 judges were removed without proof. Interestingly, some of the judges revealed that on the advice of the administration committee, one of the judges submitted resignation, but the notification showed that he too had been removed from service.
