ORDER SHEET.

IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT.
Writ Petition No. 2179/ 2023

Asif Iqbal Khan

Versus
Federation of Pakistan through Establishment Division, etc.
S. No. of Date of Order with signature of Judge and that of parties or
order/ order/ counsel where necessary.
proceedings Proceedings
(01) 10.07.2023 Mr. Javed Iqbal Khan, Advocate for petitioner.

Through this writ petition, the petitioner has

called in question the office memorandum dated
05.07.2023, issued by Ministry of Federal Education &
Professional Training, whereby, nomination of petitioner
for National Management Course (NMC) has been
recalled and he has been repatriated to his parent
department i.e. Federal Directorate of Education from
National Library of Pakistan.
2. Learned counsel for the petitioner inter alia
contends that petitioner was posted to National Library
of Pakistan on deputation basis in March, 2023,
where-after his name has been recommended by the
Ministry of Federal Education & Professional Training on
01.02.2023 to participate in 118th National Management
Course in National School for Public Policy (NSPP)
commencing from 10.04.2023 to 11.08.2023; that the
petitioner has joined the NMC and almost completed 90
days out of 120 days; that the impugned O.M. has been
issued without giving opportunity to the petitioner; that
in
para 2 of the impugned O.M. it has been alleged that
petitioner has managed NMC nomination through
manipulation by hiding the facts and misguided the
competent authority, as there is no post of grade 21
under promotion quota in the hierarchy of Federal
 W.P. No. 2179/2023
-2-

Directorate of Education; that case for nomination of

petitioner for NMC was duly forwarded by respondent
No. 3 to respondent No.2 as per law, wherein, the
petitioner has no direct or indirect role in entire process
except he has to comply with the instruction for joining
the Course, therefore, the petitioner cannot be proceeded
without determination of these facts referred in the order
of inquiry dated 06.07.2023.
3. Question raised needs consideration.
4. Let notice be issued to the respondents for
09.10.2023, through Registered Post A.D. and TCS, at the
expense of the petitioner.
C.M. No. 01/2023.
Exemption sought for is allowed subject to all
just and legal exceptions.
C.M. No. 02/2023.
Notice. In the meanwhile, operation of
impugned memorandum dated 05.07.2023, qua recalling
from NMC, repatriation to parent department as well as
notice to join parent department issued to petitioner shall
remain suspended, till the next date of hearing, however,
inquiry against the petitioner shall proceeded in
accordance with law.

(MOHSIN AKHTAR KAYANI)

JUDGE
Khurram