Notifications of 16 bureaucrats to be cancelled, SC assured

Establishment Division Secretary Taimur Azmat Osman on Tuesday assured the Supreme Court that notifications over postings and transfers of 16 of 22 bureaucrats, whose tenures had not been completed, would be cancelled in accordance with the court’s decision.

Appearing before a three-member bench of Justice Jawwad S Khawaja, Justice Sheikh Azmat Saeed and Justice Khilji Arif Hussain in connection with a suo motu case regarding transfer of Capital Development Authority Chairman Tahir Shahbaz, Osman submitted details of the 22 bureaucrats, who were transferred or posted on March 16.

The secretary apprised the bench that the notifications with regards to the transfer and posting of Tahir Shahbaz and Chief Commissioner Tariq Mahmood Pirzada stood cancelled.

He said among other notifications, 12 were held in abeyance while eight officers had reported to their new assignments.

The establishment secretary also provided particulars of the officers, who were promoted against vacant posts on March 16 and in whose promotions or transfers, the issue of tenure completion was not involved.

Among them Tariq Feroz Khan was posted as Intellectual Property Organization DG in BS-21, Aftab Ahmed Mani as Heavy Mechanical Complex DG in BS-21, Mohammad Aslam Hayat as additional secretary in the Ministry of Petroleum, Naveed Kamran promoted to BS-21 in government of Sindh, while Mahfooz Ali was transferred and given charge of chief secretary Balochistan for a period of one month.

Osman said the Balochistan chief secretary had not been transferred so the issue of his tenure completing did not arise.

The bench, in its order, also observed that in the matter of transfers or postings of the above officers, prima facie, the issue of completion of tenure did not arise.

It directed the secretary to submit copies of withdrawal or cancellation notifications of these civil servants.

Justice Hussain observed that the court was concerned with the way things had happened on March 16. “We have to probe it. Notifications on March 16 issued without completion of tenures by the officers.”

Justice Khawaja read out a news item from an English daily, highlighting a briefing given by the establishment secretary to the prime minister after the Supreme Court’s November 12, 2012 decision in Aneeta Turab’s case.

Justice Khawaja said the prime minister had himself directed the secretary to fully implement the court’s decision.

Osman replied that after a decision of the SC, a detailed briefing was given to the PM and a policy statement was submitted before him with direction to all provincial governments as well.

He said the news item to which the bench was referring, had been based upon a press release from the PM’s House.

Justice Khawaja observed that prima facie, their decision had not been implemented and they could take action against those responsible.

He also drew attention of the establishment secretary towards a notification over posting of Mohammad Ali Shahzada and said it was a complete violation of the principle laid in the court’s verdict.

The secretary said the bureaucracy had drawn strength from the court’s verdict and it was not the end but a beginning.

Justice Khwaja told him that the object of their decision was to enable the bureaucracy to exercise their power independently and serve in a better manner.

Deputy Attorney General for Pakistan Dil Muhammad Alizai said since the notifications over the transfer/posting of the CDA chairman and the Islamabad chief commissioner had been modified under the court’s orders, the issue stood resolved.

In its order, the bench noted that prima facie, the issue did not end, and it would be subject to further assessment.

The bench said it would take up the issue of transfer and posting of these officers on the next date of hearing.

Further proceedings were adjourned until March 27.