Top bureaucrats asked to appear before Supreme Court on Friday.
The Supreme Court has issued notices to the attorneys general and the top civil servants of the federal and all provincial governments to appear on Friday to answer questions about officials hired on contract in violation of government employment laws.
The court directed the attorney general and the secretary of the Establishment Division to submit a complete list of CSP (Civil Services of Pakistan) officials in the federal ministries and allied departments, who were appointed on contract after superannuation before March 10.
The court has asked for a précis of the officers’ service to substantiate the necessity of re-employing them on contract.
Chief Justice Iftikhar Muhammad Chaudhry is to preside over a six-member larger bench constituted on Monday for hearing the case of contract employment of civil servants.
The apex court had observed that the Federal Government has made no progress in terminating the services of officers re-employed after retirement except for de-notifying nine police officers.
The federal and provincial governments have been asked to scrutinise the cases of civil servants who have been appointed after superannuation in violation of section 14 of the Civil Servants Act, 1973 and review the current policy.
Appointments on contract violate Article 9 of the Constitution and the rights of officers who are denied promotion.
“Consequently, they are deprived of the fundamental right to life and property as guaranteed by the Constitution,” the apex court reiterated in its order on March 1.
The practice of appointing officers after the age of superannuation is not encouraged by the law, specifically in the cases of chiefs of disciplined forces such as the FIA and the police, the court maintained.
“The FIA has to discharge its functions in accordance with the FIA Act, 1975 and not under any other provision of law.”
Meanwhile, the Chief Justice has taken notice of DG FIA, Waseem Ahmad’s statement published in various newspapers. Khanani and Kalia, allegedly involved in money laundering, secured release orders from the court before the completion of the inquiry despite sufficient evidence, by paying heavy bribes.
He has observed that the presiding officer of the banking court, Karachi decided the case.
The Sindh High Court Chief Justice has been directed to investigate the matter by appointing a senior judge and to submit a report within seven days.
Published in The Express Tribune, March 8th, 2011.