Forced retirement of judicial officer ordered for misconduct

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PESHAWAR: Peshawar High Court Chief Justice Qaiser Rashid Khan has ordered compulsory retirement of a senior civil judge after he was found guilty of misconduct.

The judge, Mohammad Jamshed Kundi, was arrested in November last year when he was serving as a senior civil judge in Lower Dir after a woman had accused him of assaulting her at his official residence. However, a joint investigation team had found him innocent, after which he was granted bail in December.

The JIT had also mentioned that the complainant had faked her identity and had got registered a fake case, and recommended cancellation of the case.

However, the high court had started departmental proceedings against the judge.

According to the order issued by the PHC registrar, disciplinary proceedings were initiated against Mr Kundi under the Khyber Pakhtunkhwa Government Servants (Efficiency & Discipline) Rules, 2011.

It was stated that the accused officer was served with charge-sheet and statement of allegations, and the inquiry officer concerned had conducted the probe as per rules and submitted his report.

Thereafter, the order states, the accused officer was served with final show-cause notice, and after receiving reply to the same, he had also opted for personal hearing.

It was added that after going through the findings and recommendations of the inquiry officer, material on record, reply to the final show-cause and subsequent personal hearing, the accused was found guilty of misconduct.

The chief justice awarded him major penalty of compulsory retirement under rule 4(1)(b) (xii) of the 2011 rules.

Published in Dawn, March 9th, 2022

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