Political victimization

2013 SCMR 1150 SUPREME-COURT Judicial Precedent

Art. 184(3)Constitutional petition under Art.184(3) of the ConstitutionCivil servicePromotionPosting of civil servants, with outstanding past records, as Officers-on-Special Duty (OSD) without any explanationProprietyPolitical victimization

Violation of directions given by the Supreme Court in the case of Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others (PLD 2013 SC 195)

Two senior civil servants in question, who were officers in BS-21, were made Officers-on-Special Duty (OSDs) since the year 2008 and 2011 respectively and were not given any postings

Cases of said two civil servants were forwarded for promotion but were deferred on the sole ground that they could not earn any Performance Evaluation Reports (PERs) because of their being posted as Officers-on-Special Duty (OSDs), which was not an act of their own doing

Civil servants in question could not earn any Performance Evaluation Reports (PERs) one way or the other because of their posting as Officers-on-Special Duty (OSDs), but this could not be construed to their detriment under any canons of law and propriety

No reason had been given by the concerned department and officials for such treatment

Record also did not show anything which could call for such treatment

Had the past performance or integrity of civil servants in question been below the mark, they could have been treated as such but there was nothing of that sort

"Let them suffer" might be a command of expediency but it could not be approved when, "give them their due" was a command of justice, which prima facie appeared to have been denied to the civil servants out of indignation and ill-will of the high ups

Past record of civil servants had been outstanding throughout

Civil servants had initiated a contest in the High Court (for redressal of their grievance), but called it off when the concerned department assured the High Court that they would be considered for promotion, however nothing in black and white was done towards what was assured

One of the civil servants was due to retire in a day or so while the other one was going to retire in a year in grade 21

Present case appeared to be a typical case of political victimization, where even a moment's delay could cause irreparable harm and immeasurable loss to the officers whose merit lacked intercessional props and pillars

Supreme Court directed Secretary of concerned department to convene a meeting for passing an appropriate order after considering the civil servants in question for promotion to the next higher scale but before sunset.

2013 PLC(CS) 559 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 9Punjab Service Tribunals Act (IX of 1974) S.5Constitution of Pakistan, Arts.212 & 199Constitutional petitionCivil serviceTransfer/postingPolitical victimization

Petitioner impugned his transfer to be posted at another place within a short span of time, on the ground that transfer orders were a result of political victimization

Validity

Transfer was a matter relating to terms and conditions of service and the bar contained in Art.212 of the Constitution would be fully attracted to the case

Article 212 ousted jurisdiction of all courts and orders of departments even if without jurisdiction or mala fide, could only be challenged before the Service Tribunal and the jurisdiction of civil courts including the High Court was specifically ousted

Petitioner, therefore, had no vested right to remain posted at a particular place

Constitutional petition was dismissed, in circumstances.