ISLAMABAD: The Khyber Pakhtunkhwa (K-P) Police’s out-of-turn promotions have been declared void by the Supreme Court, overturning the ruling of the Peshawar High Court (PHC).
The Provincial Services Tribunal was also instructed by a three-judge panel, headed by Justice Mansoor Ali Shah and consisting of Justices Muhammad Ali Mazhar and Athar Minallah, to provide a verdict on the case within a month in compliance with the ruling of the Supreme Court and the 2005 legislation of the province.
Those who are impacted by the tribunal’s ruling are directed to file an appeal with approved channels within a month. The bench stated during the hearing that the services tribunal, not the high court, is the appropriate venue for appealing judgments made by government departments.
Justice Athar Minallah emphasized during the hearing the sacrifices made by the K-P police in the battle against terrorism and said that these sacrifices should be honored.
Justice Minallah said, “The sacrifices of the K-P police officers are unparalleled; morale-boosting measures for the police are also necessary.”
The petitioners’ attorney claimed that the K-P case is not the same as the Punjab and Sindh police case. The law permits direct out-of-turn promotions in the K-P.
He added that the 2005 law that allowed for out-of-turn promotions had been repealed by the province chief secretary. “The chief secretary cannot revoke a law passed by the provincial assembly; the assembly and government decide whether or not to enact laws,” he stated.
According to Justice Mansoor Ali Shah, the dismissals’ judgment is being overturned, and the case will now be returned to the appropriate authorities.
“Those affected by the decision should approach the competent forum, and the competent authority should make a new decision in light of the provincial law and the Supreme Court’s rulings.”
After the court made comments that were accepted by all parties, it referred the case to the appropriate body for a new ruling.
Case of utility bills
In a related development, the Supreme Court (SC) on Monday overturned a ruling by the Sindh High Court (SHC) that supported the imposition of additional taxes on gas and energy bills for clinics, private hospitals, and charitable organizations.
A three-member court led by Justice Mansoor Ali Shah heard challenges from private hospitals and clinics, as well as charitable organizations, challenging the decision to add sales and other taxes to their gas and energy bills.
Federal Board of Revenue (FBR) representatives asked for a delay at the hearing and told the judge that a new tax policy may be put into effect in a month.
The court would postpone the ruling and reschedule the hearing for the second week of June, according to Justice Mansoor Ali Shah. He declared that there would be no requests for postponements and that the case will be heard every day in June.
“The high court’s decision would be reinstated in the event of a delay request,” he declared. Through Jahanzeb Awan Advocate, a petitioner had appealed the SHC’s August 23, 2023 ruling to the Supreme Court.
