Govt of KPK etc vs Fateh ur Rahman etc

PESHAWAR HIGH COURT, MINGORA BENCH (DAR-UL-QAZA), SWAT.

FORM “A”

FORM OF ORDER SHEET

Court of .................................................. Case No.................................................. Serial No of Date of Order Order or other proceedings with Signature of judge or Magistrate and that order or or Proceeding of parties or counsel where necessary proceeding

03.6.2016 C.R. No. 32-M of 2016 With CMs 136 & 137/2016.

Present:- Mr. Sabir Shah, A.A.G. for the petitioners.

MUHAMMAD YOUNIS THAHEEM, J:-Through the instant revision petition, the petitioners .i.e. the Chief Secretary of Khyber Pakhtunkhwa & others have called in question the judgment and decree dated 10.11.2015 passed by learned District Judge/Zila Qazi Shangla, whereby appeal preferred by petitioners/defendants against judgment and decree dated 20.11.2014 passed by learned Senior Civil Judge/A'ala Illaqa Qazi Shangla was dismissed.

2.Arguments of learned A.A.G heard in motion and available record perused.

3.It appears from the record that

plaintiff/respondent Fateh-ur-Rahman filed a civil suit against the defendants/petitioners No. 1 to 7 and others for declaration and permanent injunction to the effect that he is permanent resident of village Faiz Dara, Union Council Damorai, District Shangla and obtained 2 years Diploma in medical technology and currently performing his duties as Health Promoter in BHU Damorai on behalf of Red Cross.

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The defendant/petitioner No. 5 .i.e. E.D.O Shangla advertised some posts of Junior Primary Health Care Technician on 15.9.2011. Being eligible the defendant/respondent applied against the same posts.

Thereafter, the plaintiff/respondent No. 1 participated in the test and obtained the maximum 32 marks, but on 15.10.2012, the respondent when appeared before the Departmental Selection Committee .i.e. defendants 4 to 8 though had given him 32 marks, but at the same time cancelled the test held on 12.10.2012 in utter violation of law, the defendant No. 5 selected his real brother .i.e.

defendant No. 10 against the vacant post. It is averred in the plaint by the respondent No. 1 that the said person is not only over age, but also belong to District Bunir as well as he is lower in merit than the respondent as he obtained 25 marks. Similarly, the defendant No. 6 also selected his real brother defendant No. 18, who had secured 25 marks.

Subsequently, the defendants No. 5 to 8 in the minutes of meeting held on 18.10.2012 recommended and selected defendants No. 9 to 20. Feeling aggrieved from all the above-referred illegal acts of the respondents, the plaintiff knocked the doors of the Court for redressal of his grievances. He also made a prayer for permanent injunction.

3.On appearance, the defendants No. 3 to 8, 9 & 11 to 20 contested the suit by filing their separate written statements, while rest of the defendants have been placed Nawab

ex-parte. Out of the divergent pleadings of the parties, the learned trial Court framed necessary issues and after recording pro and contra evidence as well as hearing of the parties, decreed the suit of plaintiff/respondent vide judgment dated 20.11.2014. Feeling aggrieved, the defendants No. 1 to 7 filed regular civil appeal, which also met the same fate vide impugned judgment and decree dated 10.11.2015. Hence, instant revision petition.

4.As per stance of the plaintiff the

defendants/petitioners advertised some posts of Junior Primary Health Care Technician (Multi Purpose), the plaintiff/respondent No. 1 being qualified and eligible against the same posts, applied against the same and after test he secured highest marks, but the

respondents/defendants despite appointing the plaintiff recruited their relatives. In support of his stance, the plaintiff/respondent No. 1 appeared as PW-3, he was put to lengthy and searching cross-examination but nothing favourable from his mouth came in favour of petitioners, rather it was proved that the respondent No. 1 appeared in the test. The PW-2 and PW-4 appeared as official witnesses/record keepers. On the other hand, one Muhammad Ibrahim appeared for himself as defendant No. 9 and as well as attorney on behalf of defendants No. 11 to 20 as DW-1, who admitted during cross-examination that he did not see the plaintiff/respondent No. 1 while committing cheating in the Nawab

examination/test. From the testimony of DWs, it also came to surface that defendant No. 1 Hazrat Rahman is the real brother of defendant No. 5, EDO Health, while defendant No. 18 Abdul Qahar is the real brother of Medical Officer, member of the Selection Committee. It is also established on record that the plaintiff/respondent No. 1 appeared in the written test at serial No. 122 and secured highest marks.

5.It is highly deplorable to note that the concerned defendants/respondents have not only violated the rules and procedures of recruitment of subject posts, but have also wrongly and illegally selected their own blue-eyed persons/their brothers inter se and at the same time ignored the plaintiff who has got highest marks in the test. This highhandedness of the government officers have destroyed the whole honour and dignity of the public officers, wherein they not only recruiting their own favourable persons on the key posts in utter violation of merits, but at the same time are depriving nation from the ablest, honest and persons with supreme desire for public welfare. The record is completely silent to this effect as to whether any inquiry has been initiated against these responsible government officers by the NAB or any other competent Anti-corruption agency/ authority, in order to put an end this saga of corruption once for all.

6.Thus, the findings arrived at by the learned two Courts below are exceptional in nature and do not call Nawab

for any interference by this Court. Even otherwise, learned A.A.G. failed to point-out any misreading nor non-reading of evidence, or any other irregularity or jurisdictional error committed by the learned Courts below worth consideration, while passing the impugned judgments.

7.Hence, in view of what has been discussed above, this revision petition alongwith CMs being bereft of merit stands dismissed in limine.

Announced Dt. 03.6.2016.

JUDGE

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