Bravo Chief Justice! We look forward to your involvement in Army’s and Corporate Sector’s promotions too in the near future – by Ahmed Iqbalabadi
I have tears of joy in my eyes when I see these “amazing” decisions being taken by the Supreme Court of Pakistan. Yesterday’s decision to declare the Prime Minister’s decision to promote 54 senior civil servants from grade 21 to grade 22 as a “violation of constitutional provisions like Articles 4 (right of individuals to be dealt with in accordance with law), 9 (security of person) and 25 (equality of citizens)”.
Some members of legal fraternity and disgruntled civil servants are claiming victory on the matter and are of the opinion that this “landmark judgment” will go a long way in discouraging the use of discretionary powers by governments to elevate their favorites to senior positions and will set guidelines for future promotions.
Firstly, I would like to ask all as to why is this only happening in a PPP government? Have Nawaz Sharif or Military Governments not promoted civil servants out of turn based on their preference?
Secondly, we have so quickly forgotten what happened in the recent Saqib Nisar – Khwaja Sharif fiasco. Why were Saqib Nisar and Tariq Khosa elevated to the SC and why wasn’t seniority considered as the prime point? I believe over there the CJP chose to use his discretionary powers and enforced them by holding an elected government hostage.
Thirdly, the Prime Minister is responsible for running the machinery of his government. He can choose to work with a team he is comfortable with. In order to motivate and reward efficient workers, promotions are given out.
If I were the Prime Minister, I would see this as a great opportunity to bring change in the way promotions take place in the civil services.
Why? Let’s look at it rationally: Only the cream of the civil servants make it to grade 21. Internally there are stringent mechanisms to measure the performance of these civil servants which includes various staff trainings, performance and most importantly image amongst seniors.
There is also no mechanism of punishing inefficient civil servants other than making them OSD’s. Why not demote them or fire them altogether from service? I would also suggest that the Prime Minister introduces Key Performance Indicators (KPI) while evaluating the performance of ministries, ministers and the federal secretaries.
Off course, the KPIs cannot be 100% quantitative nor 100% qualitative The KPIs have to be a mix of qualitative and quantitative measures. I believe by redoing the way promotions are going to take place, the civil services will now be under further pressure to perform and work rather than crying foul over merit.
Like the sugar, carbon tax and various other judgments, our Supreme Court’s landmark decision will make the life of the “liberated” and “free” bureaucracy difficult than easy.
Well done CJP. We look forward to your involvement in Army’s and Corporate Sector’s promotions too in the near future.
Related article: A prayer and a curse
Shame on Chief Justice Iftikhar. He himself violated the rule of seniority for promotions in the supreme court.
Govt in defiance mode!
By Khawar Ghumman
Thursday, 29 Apr, 2010
Prime Minister Yousuf Raza Gilani. — AP Photo
PAKISTAN
SC verdict rocks PM’s bureaucracy
SC verdict rocks PM’s bureaucracy
ISLAMABAD: Celebration by dozens of promotion-deprived senior civil servants proved short-lived as within hours of the Supreme Court verdict on Wednesday, clear indications came from the government camp that it was determined to retain key officers on the BS-22 positions to which they were promoted by the prime minister in September last year, but from which they were removed as a result of the court’s decision.
Even though the downgrading of these out of turn promotees from BS-22 to BS-21 was imminent and automatic as a result of the court’s decision, sources said the government had already made up its mind to retain most of its favourite civil servants on the same positions.
Realising the significance of the matter, Prime Minister Yousuf Raza Gilani felt it necessary to issue a statement to dispel an impression of any chaos in the rank and file of bureaucracy.
While making it clear that the government would respect the Supreme Court’s verdict, Mr Gilani said that “officers should continue to work and need not be disheartened since the government would look after their interests and justice will be done across the board”.
However, this does not end the dilemma immediately faced by those officials who stand reverted to a lower grade.
Some of them told Dawn that perhaps it would also end with the return home of Premier Gilani from Bhutan. But indications are that all has already been decided and most of those promoted out of turn would continue to serve in the same capacity of federal secretaries and other top position, albeit in a temporary or ‘acting’ capacity.
In September last year, Prime Minister Gilani promoted over 50 officers to the highest grade. Superseded officers challenged the decision in the Supreme Court. The court, accepting their contention that they were ignored by the prime minister for no obvious reasons, through its detailed judgment on Wednesday has demoted all promoted officers who presently are serving at various important positions.
According to the sources, the Prime Minister’s Secretariat had already put in place a contingency plan to handle the situation which could arise after the judgment of the Supreme Court.
Commenting on the decision, former interior secretary Tasnim Noorani said that the promotion of over 50 officers in one go to BS-22 by the prime minister last year was unprecedented and probably it was the number of promotions, not the criterion, which attracted attention of the Supreme Court. Eight to 10 officers are usually promoted at one time to BS-22, he added.
“Under current rules, the prime minister does have the discretion to effect promotions in BS-22. Maybe this time the establishment division has to scratch its head a bit hard to determine grounds of ignored officers that why they were not picked up for promotion, which earlier was not done,” Mr Noorani said.
In reply to another question, the former secretary said: “I think it would not create any problem for the government since it can keep all of them in current positions until reprocessing of next promotions for BS-22 are done under the guidelines of the Supreme Court decision.”
As a result of promotions ordered by the prime minister last year, a number of important positions were filled by the promoted officers starting from his principal secretary to secretaries of interior, information, privatisation commission, petroleum, industries & production and labour.
A number of other positions were also given to the promoted officers, but now after the decision of the Supreme Court the incumbents will look after them as their additional or acting charges until the prime minister fills them with new appointments. These are: special finance secretary, chairman of Federal Board of Revenue, chairman of Capital Development Authority, secretary of minority affairs, tourism secretary, zakat & usher secretary, managing director of Overseas Pakistanis Foundation, chairperson of National Tariff Commission, secretary of special initiative, secretary for inter-provincial coordination division, director general of NARA, secretaries of religious affairs and sports divisions, secretary to the election commission, chief secretaries of Balochistan, Khyber-Pakhtunkhwa and Punjab, managing director of Smeda, social welfare secretary, secretary Wafaqi Mohtasib and housing secretary.
The major chunk of promotions – 20 – went to the district management group. Important positions such as principal secretary (Ms Nargis Sethi,) petroleum secretary (Kamran Lashari) chairman of FBR (Sohail Ahamad) interior secretary (Qamar Zaman) chief secretary of Punjab (Javed Mehmood).
The secretariat group followed with 10 promotions, the Police Services got nine, the foreign service five, audit and accounts service got three, income tax two while commerce and information groups got one each. There was one beneficiary in the National Assembly secretariat, too.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/govt-in-defiance-mode-940
Merit, seniority, transparency? What a joke!
The promotion of a junior judge of Lahore High Court to the Supreme Court, the rehiring of a retired judge as an adhoc judge. Is that your merit, Iftikhar Chaudhry? You are a makkar chaudhry.
Baat sirf yeh hai, kay jub USA aur Israel nay Iran per humla kerna hai tau uss kay liey Pakistan main aik controllable govt honi chahiye. Yeh govt civilian aur democratic hai, therefore by default controllable nahee hai. Therefore hamla honay say pehlay martial law laganay kee tayaari ho rahi hai, bilkul ussee tarha jub USSR ko pehlay afghanistan per qabza kernay kay liey uksayaa gayaa, aur pakistan ko uss say larnay kay liey tayar kia gaya. Yeh wajha thee budzaat zia-ul-haq kay aanay kee. Aur jub 1990 main Iraq per humla hona thaa tau uss kay liey pakistani govt ko kaboo main kia gaya Mohtarma kee hakoomat khatam ker kay. Phir nau giyara kay hamlay say pehlay planning kay mutabiq, Pakistan per phir say shubkhoon mara gaya, taa kay iraq aur afghanistan per qabzay kay liey koi problem na hoo, yeh wajha thee maloon pervez kadiani musharaf kay aanay keee. Ab kionkay Iran per nazar hai, iss liey phir say baigharat kuttay media aur judiciary ko istemal ker kay woh bunyad banaa rahay hain jiss per woh aik aur martial law ya judicial/civilian dictatorship ke immarat bananay kee koshish karain gaay. Iss liey hoshiar rahnay kee zaroorat hai.
Wasalam
Chief justice of Pakistan should be called only “Chief of Pakistan “
The Supreme Court has effectively suspended the Article 212 subsection 2 of the Constitution. I think with the right moves the government can make this 9th March of the PCO Iftikhar himself.
CJ looking out for his bureaucratic elite interests!
chief Justice zindabad!…..chief justice put favoritism in its grave,
@Truth good joke.
Here is a record of conversation between Iftikhar Chaudhry and General Musharraf: (reported by Ansar Abbasi in The News):
Sifting facts from fiction
Ansar Abbasi
Wednesday, March 21, 2007
ISLAMABAD: Every brick of President General Pervez Musharraf’s palatial Pindi office vividly reminisces about what the chief justice of Pakistan had been confronted with on March 9, adding a new chapter to our chequered history.
The pleasant outside environment did not match the tense moments behind the closed doors of Musharraf’s camp office. What had transpired within the thick walls has now started unraveling.
Even a passer-by or a motorist driving through the Park Road, which graces the camp office, could now hear the reverberations of the dialogue between the two giants in their own spheres.
One may give a fictional account of the dialogue between the two. While the prime minister sat through the session with muted silence but always nodding when Musharraf was speaking, the president was reading out a charge sheet while the chief justice was just scoffing at every charge.
Though the reference filed against Justice Chaudhry is still not public, the camp office reverberations are too clear about the charges framed. One can clearly hear the president saying to the chief justice: You have used your influence to pressurise the concerned authorities to win undue favours for your son — Dr Arsalan Iftikhar.
The CJ says: Be specific Mr president. President says: Dr Arsalan sought admission in Bolan Medical College despite securing marks far below the merit. The Balochistan chief minister was approached following which your son got into the medical college.
The CJ says: Sir who is the violator — me, Dr Arsalan or the chief minister? President says: Dr Arsalan was initially posted as section officer in the Health Department, Balochistan against a vacancy meant for initial recruitment through the Provincial Public Service Commission. On August 6, 2005 the Interior Ministry approached the Balochistan Government seeking the services of Dr Arsalan for his posting in the FIA in public interest. On August 13, 2005, the Balochistan Government conveyed its no-objection to the Interior Ministry following which the Ministry on August 15th and again on September 5, 2005 issued the posting order of Dr Arsalan in the FIA on deputation. On 30th September Dr Arsalan joined the FIA.
The CJ says: What is the point you want to make Mr president?
The president says: Without completing the mandatory period of his probation as medical officer in the Institute of Public Health, Quetta, Arsalan was transferred and posted first as section officer in the Balochistan Secretariat against a non-existing post and then sent on deputation in the FIA.
The CJ says: Who violated the law and where do I figure Sir?
The president says: In November 2005, the Balochistan Government relaxed the rules to confirm the appointment of your son as medical officer in the Provincial Health Department. Barely within 5 months of having assumed the charge of assistant director FIA in BS-17, the Balochistan Government issued an order on March 22, 2006 saying that Arsalan’s services are placed in the FIA as deputy director (BS-18) on deputation for a period of three years. On April 7, it was notified that he had assumed the charge of the office of DD FIA.
The CJ says: Who violated the law and where do I figure Sir?
The president says: Later you launched an offensive to get your son inducted into the Police Service of Pakistan, which under the law was only possible through the CSS. As first step, he was sent to the Police Academy for training with probationer ASPs as notified by the Interior Ministry on May 19, 2006. On 24th May the Interior Ministry issued another order directing the commandant National Policy Academy that Dr Arsalan should be attached with the Punjab Police after the completion of specialized police training in the academy. On May 24 2006, the Academy relieved Arsalan and directed him to report to the Elite Police Training School, Lahore. After the completion of the course, he was to report to Lahore police for six months field attachment.
The CJ says: Mr president who is the violator?
The president says: Meanwhile the Prime Minister’s Secretariat was approached for regular induction of Dr Arsalan in the Police Service of Pakistan in BS-18. The PM sought the Establishment Division (ED)’s view, which said it is not possible under the law. Later you pressurized the secretary Establishment to get Dr Arsalan inducted into the PSP no matter what the rules say.
The CJ says: Sir, who told you this?
The president says: The secretary Establishment told all this to the principal secretary of the prime minister. It was not possible but still you kept on pressing for the impossible task. Ultimately the Establishment Division had to propose an amendment in the rules to make this impossible a possible. During these days you have been regularly exerting pressure on the Prime Minister’s Secretariat.
The CJ says: Sir do you have any concrete evidence? Secondly, if my son was inducted into the Police Service of Pakistan?
The president says: You also exerted pressure on the Interior Ministry to ensure that your son is nominated for a foreign course on combating international terrorism. This was done despite the fact that your son was not a police officer.
The CJ says: Sir who was the nominating authority?
The president says: Being the CJ, you are entitled to one 1600cc car but you have seven including a Mercedez Benz 3000cc in Islamabad. You also have several cars at Lahore and Quetta. Additionally you have also, more than once, asked the provincial chief minister or governor to provide you the cars during your stay in the province.
The CJ says: Sir if I am an exception?
The president says: You have also been insisting and getting protocol that is not allowed to the CJ.
The CJ says: Hummmm…
The president says: You have been repeatedly demanding for official plane/helicopter of the provincial governments for your travelling from one place to the other and even to offer condolences whereas you are not allowed to use these luxuries.
The CJ says: At times one requires faster transport means to save time.
The president says: For sometime you and your family has been using a BMW car registration No “Razia-1”.
The CJ says: If so, is it a crime Sir?
The president says: You are also accused of passing orders but subsequently changing them when giving the same in writing.
The CJ says: Who says so Sir? I hope it is Naeem Bukhari.
The president says: You also used you influence to enhance the entitlements of your office.
The CJ says: Where was I wrong?
The president says: Face the above charges or?
The CJ says: I will.
http://darvesh.wordpress.com/2007/03/26/
http://thenews.jang.com.pk/print3.asp?id=6644
@Truth Another evidence. Reported by nobody else but Ansar Abbasi:
CJ given raw deal over misuse of official cars
Thursday, March 22, 2007
ISLAMABAD: Misuse of staff cars has become a norm with every Tom, Dick and Harry, violating the rules without any fear of being penalised. However, the same violation has become a ‘crime’ in the case of the chief justice of Pakistan.
Several ministers, bureaucrats—both military and civil—and even the office-bearers of the ruling Pakistan Muslim League have been found misusing official vehicles during the present regime, but no one is penalised, although the National Accountability Bureau (NAB) has filed references against ex-ministers for the same act…
http://thenews.com.pk/top_story_detail.asp?Id=6658
CJ Iftikhar Chaudhry must also press the NAB to reopen this case:
Nab moved against son of CJP
ISLAMABAD: High court lawyer Abdul Waqeel Minhas has lodged a complaint with the National Accountability Bureau (NAB) accusing Dr Arsalan Iftikhar Chaudhry, son of Pakistan’s Chief Justice Iftikhar Mohammad Chaudhry, of corruption and abuse of power.
Mr Minhas asked the NAB chairman to order an inquiry under articles 27, 25 and 178 of the Constitution and NAB laws.
The plaintiff says that Dr Arsalan, using his influential position, went to the Federal Investigation Agency on deputation and later joined the police as an ASP, though he was only a doctor. He reportedly gave CSS examinations twice but failed, getting only 16 out of 100 marks in English. A case against Dr Arsalan is pending in the Balochistan High Court. online
Daily Times, 30 January 2007
http://www.dailytimes.com.pk/default.asp?page=20071\30\story_30-1-2007_pg1_9
An account of Iftikhar Cuaudhry’s “Brilliant Career” and nepotism:
http://criticalppp.com/archives/5824
http://criticalppp.com/archives/446
An interesting comment by Guilty (pkpolitics):
سپریم کورٹ نے ۵۴ بیوروکریٹس کی ترقیاں ختم کردیں۔ مبارک ھو، مبارک ھو
سپریم کورٹ نے پاکستان کی بیوروکریسی میں بے یقینی کی کیفیت طاری کردی۔
حکومت وقت، وزیروں پر حملے کے بعد سپریم کورٹ کا بیوروکریسی پر نیا حملہ
سپریم کورٹ کا مشہور زمانہ انصاف حسب سابق حکومتوں کو کمزور کرنے تک محدود ھوگیا۔
——————————————————
چیف جسٹس کی پھرتیاں دیکھ کر مجھے ایک واقع یاد آتا ھے کہ کچھ برس قبل علامہ اقبال ٹاوٴن لاھور میں ایک ایس ایچ او تائنات ھوا۔ ایس ایچ او کو لاھور کی مشہور ڈانسر نرگس پسند آگئی۔ نرگس اس وقت بہت زیادہ مشہور نہیں تھی جتنی آج ھے۔ لہذا ایس ایچ او یہ کام کرتاکہ ھر دوسر ے دن لاھورکی سٹیج کی مشہور ڈانسر نرگس کو پکڑ کر لے آتا۔ کوئی نہ کوئی نیا بہانا، کوئی نہ کوئی نہ نیا الزام بلکہ کئی پرچے بھی ڈالے گئے، ایک دو مرتبہ نرگس اس کے ظلم سے ڈر کر ملک سے بھاگنے پر بھی مجبور ھوگئی۔ چھوڑو، چھوڑو، پکڑو پکڑو کا یہ سلسلہ کئی سال چلتا رھا۔ اخبارات نرگس پر گزرنے والی مشکالات کو لکھتے رھتے تھے لیکن کوئی طوائف کی مدد کو نہ آیا۔ نرگس ایک مرتبہ ملک سے ھی بھاگ گئی۔ میں جب یہ نرگس کی سٹوری اخبارات میں پڑھا کرتا تھا تو ایک انسان ھونے کے ناطے مجھے تکلیف ھوتی تھی کہ کھلے عام ایک پولیس والا اختیارات کا ناجائز استعمال کرکے اپنے خفیہ ارادوں کو قانون کا نام دے کر پورا کررھا ھے۔
آج کا چیف جسٹس بھی وقت کا وھی ایس ایچ او ھے کہ نام قانون کا اور کام کیانی کا، اورحکومت وقت کی کون مدد کیوں کرے کیوں کہ حکومت بھی نرگس کی طرح بدکرداروں کی ھے۔
لیکن ایس ایچ او اور جیف جسٹس کا ایجنڈا زبرردست ھے کہ انصاف کرنا ھو تو صرف طوائفوں اور حکومتوں سے کرو تاکہ ان کی بد کراداری کی بنیاد پر مکروو کھیل کھیلا جاسکے۔ انصاف بھی ھوجائے اور خفیہ ایجنڈا بھی پوار ھو جائے
SC judgment
Dawn Editorial
Friday, 30 Apr, 2010
As the Supreme Court’s intervention proves, bureaucrats are no longer existing in a milieu where access to justice is impossible. –File Photo
FRONT PAGE
Promotion of 54 bureaucrats annulled
Promotion of 54 bureaucrats annulled
The specifics of the case are mired in a legal thicket. But a few observations on the saga of the bureaucrats promoted by Prime Minister Gilani but demoted by the Supreme Court are in order.
First, the massive number of promotions last September was unprecedented but not completely tainted by politics. While the question marks over certain beneficiaries were larger than over some others, as a cohort the selections were not gratuitously and thoroughly politicised. Second, the SC must always be mindful of respecting the discretion accorded to other institutions. In the present instance, though, the SC appears to have taken a reasonable line: it has not barred any specific candidates from promotion and has instead focused on the need for reasons to be given, both for passing over certain candidates and promoting others. Reason-giving promotes transparency and increases confidence that candidates are chosen on merit, so it must be encouraged.
Third, the government must look at the rules governing such promotions and appointments and devise a mechanism to make them less controversial. Traditionally, key posts in the bureaucracy have been saved for the favourites of the government of the day, encouraging bureaucrats to vie for the attention and support of their political bosses. This, for obvious reasons, is an unwelcome state of affairs. In addition to promotions, the transfer of bureaucrats to various departments is also considered to be a highly politicised affair and results in frequent and disruptive reshuffling of the bureaucracy. To be sure, it is the elected representatives who should ultimately be in charge of the bureaucracy. But being in charge isn’t the same as riding roughshod. The edifice of the executive crumbles when its innards are frequently rejigged to suit political preferences. Mr Gilani has time and again talked of the necessity of good governance. It is impossible to have good governance if one’s lieutenants are themselves selected on the basis of whims and political considerations.
Fourth, the bureaucrats must disabuse themselves of the notion that seniority is akin to merit. The principle of Buggins’s turn — promotion by seniority — should have no place in a meritocratic system. True, adhering to seniority is one way of limiting the discretion of governments who routinely have tried to stuff the bureaucracy with their favourites. But the insistence should be on a process that is transparent and based on reason rather than an automatic ‘right’ to promotion. As the SC’s intervention proves, bureaucrats are no longer existing in a milieu where access to justice is impossible. Finally, the perceived judiciary-executive ‘clash’ should not cloud every judgment. Judicial oversight is part and parcel of the democratic project.
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/editorial/sc-judgment-040
Well its a great one from supreme court of Pakistan now the judiciary is going on the right path hope for best
It is really a great and helpful piece of information. I’m glad that you just shared this helpful information with us. Please keep us informed like this. Thanks for sharing.