LAHORE:
Capital City Police Officer (CCPO) Lahore Ghulam Mahmood Dogar challenged in Lahore High Court (LHC) a notification through which the federal government suspended him for not ensuring the security of the Governor House during a protest by PTI workers.
A notification issued by the Establishment Division on Saturday read that Additional IG Ghulam Mehmood Dogar (BPS-21) had been placed under suspension.
Orders for the CCPO’s transfer had been issued on September 20, reportedly after the federal government expressed its displeasure over the registration of an FIR under blasphemy charges at Green Town police station against a federal minister and some PML-N leaders.
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However, the Punjab government refused to surrender his services.
The CCPO, in his petition today, argued that this arbitrary exercise of powers by the federal government is a direct intervention in provincial autonomy adding that neither was a show cause notice issued to him nor was any reason disclosed ahead of his suspension.
However, he requested the court that two notifications issued on November 5, 2022 (wherein he has been suspended) and the earlier issued on September 20, 2022 (whereby he had been transferred and directed to report to the Establishment Division be declared illegal and unlawful.
He further prayed to the court that a letter issued on October 27, 2022, also be declared arbitrary, illegal, and unlawful whereby the petitioner was required to relinquish the charge and report to the Establishment Division within 3 days.
Dogar stated to the court that the two aforesaid notifications and a letter also be set aside on the ground that the provincial government had restrained the petitioner from relinquishing the charge till further order of the competent authority or the chief minister Punjab.
The police official also implored in his petition that the Centre had earlier transferred him from Punjab to the Establishment Division, Islamabad. However, responding to the notification the government of Punjab S&GAD Department requested the federal government to withdraw it.
The Punjab government had also requested the federal government to provide an explanation for the allegations complaint against the CCPO. However, the federal government did not respond to the said letter and a reply is still awaited.
Later, on October 27, 2022, the petitioner was directed to report to the Establishment Division within three days of issuance of this letter, failing which disciplinary proceedings under the Civil Servants (Efficiency & Discipline) Rules, 2020 were to be initiated against the petitioner. But the government of Punjab has again directed the petitioner through IGP, Punjab, to continue as CCPO, Lahore, and has not allowed him to relinquish charge.
He contended that as per Rule 3(1)(a) of the Government Servants (Conduct) Rules 1964, the petitioner is bound to obey the orders of the Punjab CM as he is presently serving in Punjab.
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Seeking clarity in the prevailing situation in lieu of the conflict between the federal and provincial governments, the CCPO had then requested the secretary government of Pakistan, the secretariat, Establishment Division Islamabad to correspond directly with the government of Punjab. However, he alleged that instead of resolving the issue with the government of Punjab, the federal government started victimizing him.
He submitted that as per Rule 23(1) read with 4th Schedule of Punjab Government Rules of Business, 2011, it is the chief minister who has the authority to pass orders on the matters of appointment, promotions, posting, and transfer of posts inter alia the CCPO, Lahore.
He implored in his petition that the Establishment Division had transferred the services of the petitioner with the direction to report to the Establishment Division on the basis of the complaint, in order to initiate an inquiry in terms of Rule 6 of the Civil Servants (E&D) Rules 2020.
In the case of all members of the Pakistan Service posted in a Province, the Establishment Division was to refer the case to the Chief Secretary concerned for a probe or fact-finding inquiry. However, no complaint nor allegations have so far been forwarded to the Chief Secretary Punjab by the Establishment Division and the whole exercise prima facie appears to be based on malafide he contended.
Source link: https://tribune.com.pk/story/2385126/ccpo-challenges-suspension-in-lhc