The Islamabad High Court (IHC) on Wednesday issued notices to Prime Minister Yousaf Raza Gilani, President Asif Ali Zardari and others on a petition filed by former secretary defence Lt General (r) Naeem Khalid Lodhi against his dismissal from the post of defence secretary.
A single member bench comprising Justice Riaz Ahmad Khan held the hearing of petition filed through Munir Paracha Advocate, praying the court to restore him. The counsel informed the court that although in media it was reported that PM had sacked the defence secretary on charges of “gross misconduct”.
“The reality is different as the termination letter issued to Lodhi was simple and it was not mentioned in it that he (Lodhi) was sacked due to misconduct.”
He submitted before the court that he was not served any charge sheet or show-cause notice for the misconduct and no inquiry was held against him before terminating the service contract.
He said the respondents by terminating his service contract violated the fundamental rights enshrined in articles 4, 14 and 25 of the constitution. He made President Zardari, Prime Minister Gilani, cabinet and establishment secretaries and Acting Secretary Defense ministry Nargis Sethi as respondents.
Lodhi, in his petition, contended that the PM, president and other respondents were overwhelmed with malafide motives to terminate the petitioner’s contract of service with a view to clear their way to take further illegal steps to arbitrarily removal of the chief of army staff (COAS) and director general (DG) ISI for the fulfillment of respondent’s political agenda to ruin this country.
He accused the respondents of pressurising him to sing an affidavit on memogate issue prepared by the government functionaries which, according to Lodhi, was in complete conflict with the factual position as narrated by the COAS and DG ISI in their written statements submitted to the Supreme Court of Pakistan.
The defence counsel requested the court to set aside the notification of his removal and restore his client and also sought stay order on the implementation of notification of his removal as temporary relief, till the final disposal of writ petition filed under article 199 of the Constitution. Upon which Justice Riaz Ahmad Khan issued notices to all respondents and adjourned the case until second week of February.
