IHC disposes of Tehsin’s promotion application

Establishment Division says case will be placed before high-powered board chaired by PM

ISLAMABAD: On assurance given by the Establishment Division that his case will be placed before a high-powered board, the Islamabad High Court (IHC) has disposed of former principal information officer’s (PIO) application seeking the court’s help to consider him for promotion.

Justice Aamer Farooq on Thursday disposed of the civil miscellaneous (CM) application after the Establishment Division submitted a reply saying Rao Tehsin’s case would be placed before a high-powered board chaired by the prime minister.



On the orders of the court during the last hearing, the Establishment Division had submitted its reply regarding Tehsin’s promotion.

Previously, an official representing the Establishment Division had maintained before the court that the Dawn Leaks inquiry report was not with the division; however, he added it was the interior ministry’s responsibility to submit a reply in Tehsin’s case as he initially came to court seeking a copy of the inquiry report.

Justice Farooq had remarked if the departments tried to shift the responsibility onto others, the court would be compelled to summon all the relevant federal secretaries. Under the law, he added, an inquiry report does not stop anyone from being considered for promotion.

It had also emerged during the last hearing that a federal secretary had recused himself from conducting disciplinary proceedings against Tehsin following which the Establishment Division had forwarded a summary to the prime minister for appointment of another official as an inquiry officer.



Tehsin had filed the CM application in his already pending petition where he had been seeking a copy of the Dawn Leaks inquiry report.

He had filed two CM applications - one seeking to nominate the Establishment Division as respondent and the second to consider him for promotion.

Justice Farooq had allowed his first application and in the second, the bench had issued notices.

In the main petition, Tehsin, through his counsel Wasim Sajjad, approached the IHC seeking the inquiry report so that he could know the exact nature of the accusations levelled against him and avail legal remedies.

In the petition, the counsel said very harsh action had been taken against the petitioner which resulted in his public humiliation and removal from the PIO office.

Sajjad said it is the petitioner’s right under the principles of natural justice and also Article 19-A of the Constitution to be provided with a copy of the report, adding that Tehsin could not avail any remedy against the action taken against him without getting a copy of the report.

He made the federation of Pakistan, through secretaries of information and interior ministries, and secretary to the prime minister, respondents in the case.

On October 6, 2016, the petition read, a news report was published in the daily Dawn under the heading “Act against militants or face international isolation, civilians tells military” by Cyril Almeida.



As the report dealt with a sensitive issue, the counsel said the government formed a committee to probe the matter in order to determine as to who leaked the information.

Subsequently, he said an inquiry committee headed by Justice (retd) Amir Raza summoned the petitioner to ask him about his role in the matter.

Before the committee, Sajjad said, the petitioner completely denied any role in this regard as he had neither attended the meeting nor was he informed about the outcome.

In light of the report prepared by the committee, secretary to the prime minister on April 29 issued directions that “Rao Tehsin Ali Khan PIO of the ministry of information shall be proceeded against E&D rules 1973 on the charges based on findings in the instant report”.

The Establishment Division later issued a notification relieving the petitioner from his duties and directed him to report to the Establishment Division.

The counsel prayed the court to direct the respondents to supply him with a copy of the inquiry report or submit it before the court so that he could avail legal remedy.

The court will take up the main case on September 20.