Advocate Mian Maqsood who is currently working as a lawyer and consultant has knocked the doors of the Supreme Judicial Council against LHC Chief Justice Muhammad Qasim Khan and for sought redressal of the issue of illegal appointments and out of turn promotion with the High Court.
LAHORE: (UrduPoint/Pakistan Point News-August 28th, 2020) A former Civil Judge on Friday approached Supreme Judicial Council against incumbent Lahore High Court Chief Justice Muhammad Qasim Khan seeking action against hhim over illegal and out of turn promotions.
Advocate Mian Maqsood Ahmad filed the complaint saying that he served the judiciary as civil judge but so far could not get even a single penny from his salaries. The petitioner who was now practicing said that laws, rules and regulations of the Lahore High Court establishment were violated for illegal appointments and out of turn promotions in the Lahore High Court.
In his complaint, Mian Maqsood Ahmad highlighted certain material irregularities, illegalities and highhandedness committed by the serving Chief Justice with regard to the promotions of Assistants, Assistant Registrars, Deputy Registrars & Additional Registrars etc. vide No.8882 & 8883, 8884/HR-III, dated 29.06.2020, 88/HR-III, dated 05.03.2020, 99/HR-III dated 30.03.2020, 100/HR-III, dated 30.03.2020, 90/HR-III dated 06.03.2020, 202/Gaz.I.V.Z.2(a) dated 31.07.2006, 20828/HR-III, dated 19.11.2018, 18319/HR-III, dated 08.10.2019, 14087-HR/III dated 30.07.2019, 195/HR-III, dated 20.08.2020.
He said by virtue of above referred Notifications, 150 Assistants, 75-Registrars, 25-Deputy Registrars, 17-Additional Registrars were illegally and unlawfully appointed, promoted, total disregard to the above referred High Court Rules and Orders Appointments and Conditions of Service Rules, 1964/1979, Rules 7, 8, 9 Amended vide Notification No.125-GAZ/3/V.Z.2(a) dated 27th May, 1979.
The complainant said that the above referred rules of High Court were framed, derivative from Article 208 of Islamic Republic of Pakistan, 1973. In other words, he said Article 5 of this constitution was being violated and penalty for violation of Article 5 of Islamic Republic of Pakistan, 1973, was provided in Article 6 of the same constitution which is death penalty.
The complainant made Lahore High Court Chief Justice Muhammad Qasim Khan, LHC registrar, Punjab Finance Secretary and Punjab Accountant General as respondents.
He said that former LHC Chief Justice Sardar Muhammad Shamim Khan followed the same foot prints of the earlier some of the predecessors, appointed four Assistant Registrars in BPS-18, by exercising his discretion illegally and unlawfully. He said but when the above referred Ex-Chief Justice of High Court got the wind of the news about the motion of the petition against all the four illegal appointments made by the then Chief Justice Sardar Shamim Khan, the press even electronic media brought the news on air with reference to the petition of the present complainant. He said the former Chief Justice Sardar Shamin Khan had no option left but to withdraw his own order relating to such appointments. The complainant said that former Additional Registrar (Judl) kept the case with him for certain time but in view of withdrawal of the order which was assailed in the petition of the complainant, ultimately those appointments were got cancelled by him.
The complainant also pointed out the process of Registrar’s appointment saying that judicial officer, district and sessions Judge could be appointed and posted. He said in the past history, the Registrar of High court used to be among the members of the Establishment & CSP (Now Pakistan Administrative Service) but unfortunately, under the nose of High court and umbrella of High Court, such illegality is being committed time and again.
The complainant said that above referred proposed draft for approval (DFA) does not confer any sort of authorization and legality to appoint any Additional Registrar in High Court, as the above referred proposed draft, if approved had to undergo the process of Law Department, Finance Department and finally office of the Governor of the Punjab under Article 208 of the Constitution. He also pointed out that astonishingly the proposed draft vide which the post and vacancy of Additional Registrar was required to be created is under the state of as DFA in 2013, further subject to ratification, confirmation by both the above said departments as well as by the worthy Punjab governor.
He argued that such approval was taken by the court, obviously in view of the existing scenario, and therefore, all such appointments, promotions, posting for the post of Additional Registrar were nullity in the eyes of law, so such gross misconduct, inefficiency on the part of High Court could not be gone unattended.
Mian Maqsood also pointed out that the same kind of violative act was committed by the Islamabad High Court Islamabad particularly with reference to illegal appointments and out of turn promotions while Supreme Court had taken timely and rightly action about above referred illegal act, which was reported as titled “Ch. Muhammad Akram Advocate Vs. Registrar Islamabad High Court” reported as PLD 2016 SC 961. He also referred to another judgment of High Court, pointing out that it also supported to the above said point of law which was reported as PLD 2013 Lah 384.
He said he also faced injustice through this “judicial System” as he could not get his one year salaries so far. He also mentioned orders of the High court and the Supreme Court regarding his matter of appointment as civil judge and payment of salary.
The complainant said that the respondents made illegal appointments and out of turn promotions and relaxation of rules disregard to total relevant law so the complainant is apprehending and curious about the other higher appointments like the Judges’ appointment with the Lahore High Court, once the current Chief Justice (Muhammad Qasim Khan) could make illegal appointments, out of turn promotions, so what could be expected from him that he would do justice by making the appointments of their lordship of Lahore High Court, Lahore.
He asked the Supreme Judicial Council that in view of above submissions, his complaint may kindly be granted, and his grievances may also be redressed as to avoid recurrence in the best interest of justice.
