2013 PLP 1 (SCMR)

Constitution Petition No.23 of 2012 A report (C.M.A. No.4188 of 2012) has been filed on behalf of Secretary Establishment wherein short term and long term reforms to protect the rights of Civil Servants both in Federation and Provincial Government have been suggested. It is to be noted that these suggestions have been made in pursuance of earlier order in which it was observed that Secretary Establishment and all the Provincial Chief Secretaries shall make recommendations to improve and protect the rights as well as service structure of the Civil Servants. Apparently Civil Servants are required to implement/carry out lawful orders as it has been held by this Court time and again but such officers invariably are hindered not to follow the rules and regulations by the high-ups on account of their administrative or political influence which results in their arbitrary frequent transfers from one place to another or at times posting them as OSDs or without caring about the merit-cum-seniority they are not awarded due posting over the junior officers or junior officials are given assignment of high responsibility due to which there is always heartburning and for so many other reasons instead of performing independently Civil Servants start looking for some favour in the administration as well as in the political arena as a result whereof good governance badly suffers.

2. Therefore, it is high time to recognize their fundamental rights vis-a-vis their talent considering as the Civil Servants are responsible to run the affairs of the Government according to the Constitution and law. It is also the requirement of the day that Government officials are treated for the purpose of promotion, transferring on merits or while placing them under suspension it must be kept in mind that as a punishment no one can be placed as OSD.

3. A draft report has been placed on the record by the Secretary Establishment, its contents shall be considered by all the concerned in the light of the judgments of this Court particularly in the case of Corruption in Hajj arrangements in 2010: in the matter of (PLD 2011 SC 963).

4. We postpone the hearing of case for 18-10-2012 and in the meanwhile the parties would also examine the proposal and steps to be taken by the Government to ensure the implementation of the policy at least to the extent of short term reforms as it has been suggested in the report. Similarly we expect from the Election Commission of Pakistan that while preparing/drafting Code of Conduct for holding elections in future all the aspects may also be incorporated as it has been informed by Mr. Sher Afgan, Director-General (Election), Election Commission of Pakistan that in coming days the Commission is about to hold a meeting with the stake holders in this behalf. It is to be noted that for fair elections, Election Commission of Pakistan also requires such Government officers/officials whose service is fully protected so they may also not succumb to administrative or political pressure by the high-ups. Constitution Petition No. 11 of 2012. The petitioner informed that despite the order passed by this Court on 12-3-2012 a good number of Police officers above the BPS-17 are enjoying shoulder promotion contrary to the judgment of this Court in the case of Government of Sindh etc. v. Aslam Pervaiz Bhatta (C.As.131-K of 2010, etc.). When we inquired from learned AAG he under instructions from Mr. Ali Sher Jakhrani, AIG (Legal), placed on record 4 lists. Similarly petitioner informed that there are still 83 officers who were demoted in pursuance of judgment referred hereinabove but they are again promoted on the recommendation of the review committee. Notice of the above 4 lists be issued to the Chief Secretary Sindh, who shall file a comprehensive report indicating as to whether an officer or official whose name finds mention in the lists referred to hereinabove have been promoted on the pretext that they are performing their duty in their own pay and scales but they are wearing uniform of higher officer and if there is any such officer who is wearing the uniform of higher officer without the permission it would contemplate to contempt of this Court and they should be brought back to their original position and if at all charge has been given to them then they should follow the Esta Code and instructions issued by the Government from time to time. C.M.As. Nos. 1557, 1539 and 4035 of 2012 Learned counsel stated that in this case out of turn promotions have been given in Sindh Reserve Police and according to him identical issue is under challenge before the High Court where constitutional petition is pending. The petitioner if he so desires can become a party in the proceedings against out of turn promotions. Therefore, these applications are disposed of. C.M.A. No. 1581 of 2012. Mr. Anwar Mansoor Khan, learned Senior Advocate Supreme Court (in C.M.A. 1557 of 2012), stated that he is representing 5 Police Officers whereas Raja Muhammad Ibrahim Satti, learned Senior Advocate Supreme Court (in C.M.A. 1581 of 2012), stated that he is representing 11 Police officers to whom gallantry promotion was given. It is to be noted that a matter regarding question of gallantry promotion is already under consideration before this Court in H.R.C. No.12995-S of 2011, etc. As the contents of the Ordinance, which has recently been promulgated by the Government of Sindh wherein gallantry promotion has been legalized, therefore, we dispose of these applications with the observation that if anyone is aggrieved to the extent of gallantry promotion then he can file application to become a party in the said matter. Therefore, both these petitions are disposed of accordingly. Adjourned to 18-10-2012. MWA/A-28/SC Order accordingl