LHC dismisses CCPO Lahore plea against suspension

LAHORE        -      The Lahore High Court (LHC) on Tuesday dismissed a petition filed by Capital City Police Officer (CCPO) Lahore Ghulam Mehmood Dogar against his suspension after declaring it non-maintainable. The single bench comprising Justice Muzamil Akhtar Shabir heard the petition filed by the suspended CCPO. During the proceedings, the court questioned how a government official could directly approach the high court. Dogar’s counsel submitted that on October 27, the federal government issued a notification asking his client to leave the charge of his office within three days but he was hurriedly suspended on replying to the notification.He pleaded with the court to suspend the orders of the suspension. However, the court observed that under which law it could suspend the suspension orders of the CCPO. The counsel submitted that the suspension orders were issued without affording an opportunity of hearing, adding that neither any show cause notice was issued nor stance was heard. At this stage, the court observed that the matter fell within the jurisdiction of the service tribunal and the high court could not be approached in this regard. The court further remarked that it was a matter between the federal and provincial government, questioning what is the role of the court in it. Dogar’s counsel submitted that the Supreme Court had declared that if the transfer was based on malafide then the court could review it. However, the court observed that the verdict was given in a particular case and it was not of general nature. The counsel submitted that the government had powers to suspend but it should be in accordance with legal requirements. He submitted that the Punjab chief minister was the relevant authority in the matter and an application was submitted to the federal government in this regard but the government immediately suspended the CCPO, instead of deciding the application. He submitted that no reasons had been provided for the suspension. An additional attorney general submitted that the police service was not restricted to any province but it was for the whole country He submitted that the petition was ineffective as the service tribunal was empowered to look into the service matters only. Subsequently, the court, after hearing the arguments, dismissed the petition and directed the petitioner to approach the concerned forum. On November 5, the federal government had suspended CCPO Lahore Ghulam Mehmood Dogar. The federal government had already served three notices on the ‘undertransfer’ CCPO, asking him to relinquish his charge and report to the Establishment Division, Islamabad.

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