PESHAWAR: The Peshawar High Court (PHC) on Thursday issued notices to the Federal Public Service Commission and Intelligence Bureau (IB) not appointing an official despite recommendation.
The court called comments in a writ petition filed by the Muhammad Afaq who had applied for the post of assistant director (BPS-17) in IB.A bench consisting of Justice Ijaza Anwar and Sadiq Ali issued notices to the respondents, including the Federal Public Service Commission and IB Director in respect of non-issuance of appointment letter to the petitioner despite being recommended by the commission for the appointment.
Advocate Mian Zakir Hussain appeared for the petitioner. He said that the petitioner had secured a distinctive position both in written test as well as in interview.He said after due verification, scrutiny and completion of all codal formalities he was recommended by the Federal Police Service Commission for the appointment against the post of assistant director (BPS-17) in the office of IB.
The counsel said by virtue of Article 4 and 25 of the Constitution he was to be treated in accordance with law and should not be discriminated against.He added once the commission recommended the petitioner for the appointment, then there is no other mandate with the respondents except to issue appointment letters which had been illegally and unlawfully withheld without any legal justifications.
The lawyer contended that any re-advertisement would effect petitioner rights and he further added that in the light of judgment and recent pronouncement of Supreme Court of Pakistan non issuance of appointment letter after a candidate being recommended by the commission or competent authority without any legal justifications is illegal and cannot take away the right of the petitioner to his appointment except in accordance with law.
The lawyer requested for restraining respondents including Federal Public Service Commission from re-advertising the positions and to keep one vacant post for the petitioner till a final disposal of the writ petition.
