ISLAMABAD - The Supreme Court on Wednesday referred the National Highway and Motorway Police (NH&MP) Inspector Intezar Hussain’s demotion case to the service tribunal.
A two-member bench of the apex court comprising Chief Justice Gulzar Ahmed and Justice Ijaz Ul Ahsan heard the case and directed the tribunal to review concerned laws and make a decision.
During the course of proceedings, Justice Ijaz Ul Ahsan said that the service tribunal heard the petitioner inspector Intezar Hussain and announced a decision on November 17, 2017. DIG Omar Sheikh gave his order instead of following the decision of the tribunal, he added.
He said that the DIG says that the tribunal’s decision could not be implemented as it was time barred. The Chief Justice asked how a DIG could overturn a court decision.
He said that the court could give show cause to DIG Omar Sheikh for writing such a decision. He asked did the police follow court orders in this way? He asked was DIG Omar Sheikh the head of the tribunal? He asked was there no wisdom in DIG Omar Sheikh? The Chief Justice that the DIG Omar Sheikh exceeded his authority by not following the decision of the tribunal.
Justice Ijaz Ul Ahsan asked how could a police officer overturn a court order? The Additional Attorney General said that the tribunal ruled without reviewing all the laws. The tribunal’s decision was against the law, he added. Advocate Shireen Imran counsel for the petitioner said that the period of demotion of the applicant was not included in the order. Inspector Intezar Hussain was demoted from grade 16 to 14 after six months of absence from service.