Order placing Principal Appraiser on hold suspended by SHC

KARACHI: Hearing a suit filed by a Principal Appraiser of Pakistan Customs who was transferred frequently from one place to another throughout Pakistan, a single judge of High Court of Sindh suspended an order no 47/2020 dated 29-7-2020 passed by Director I & I- Customs Islamabad, putting the plaintiff “ on hold”

Irshad Ali Shah, plaintiff was presently posted as Principal Appraiser, I&I- Customs, Regional Office, Hyderabad moved the court through counsel Khawaja Shamsul-Islam advocate. The counsel informed the bench of transfers of the said officer from 3-5-2017 ( Karachi to Islamabad) till impugned order. During the period he was Hyderabad, Lahore, Gwadar, Turbat, Sukkur even within span of few days.

The counsel maintained that frequent transfers were in violation of Rules of Business as well as dicta laid down by the Supreme Court of Pakistan in Anita Turab case (PLD 2013, SC01) as well as in case of A.D.Khawaja, former IGP Sindh (PLD 2018-Sindh 08)  which was upheld by the apex court.

The counsel also contended that Defendant No 3 attempted to falsely implicate the plaintiff in a false FIR without mentioning the name of the plaintiff in FIR or the Challan. An Inquiry was also conducted against the plaintiff but no role was assigned to him, submitted Khawaja Shamsul Islam advocate, counsel for the plaintiff.

 The single judge after hearing initial arguments and perusing annexures, ordered issuance of notices to the defendants as well as Deputy Attorney General for Pakistan for Sept 09 while suspending the order dated 29-7-2020 placing the plaintiff “ on hold “.The defendants include  Directorate General of Customs Intelligence & Investigations, Dr Sadqullah Khan, Director I&I, Hyderabad Region, Adeel Hussain Chandio, SSP Hyderabad and  Chairman FBR.

It is worth mentioning that Rasheed Shaikh, Director General, Intelligence, Pakistan Customs passed the orders of putting the said officer on hold while the said officer has a very good reputation as an honest and diligent officer.

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