Politics of the postings

Wrangling over transfer of Sindh has exposed tall claims of good governance of federal govt

The stories relating to the transfer of Inspector General of Police (IGP) in Sindh Kaleem Imam and then his staying put have once again ignited the debate on the transfer and posting policy of the federal government. In the ordinary parlance, ‘governance’ at the state level means an arrangement of the state for the efficient running of the affairs of the government in accordance with the law. As such postings and transfers within the federation and provinces are also required to be done in accordance with the law on merit and within a given policy framework. Unfortunately, no such conformity with the demands of good governance can be seen in the practices of federal and provincial governments.

Of late, the posting of Chief Secretaries (CS), the IGP and other senior officials has become a tug of war that involves the federal government, its allies and the Sindh government. Competing quarters are pulling the officers in different directions. This has not only fractured governance but has also put the officers in question in bewilderment. The saga had started during the tenure of the PML-N government, which put the government of Sindh in an awkward position on the matter of postings in the province. In K-P though, the federal government avoided playing any games and changed officers on the call of the provincial government led by the PTI – as was done in the case of first two chief secretaries who had not completed their tenures. The third chief secretary was posted at a time when he was about to retire while the fourth one was posted in violation of seniority convention. One had thought that in Naya Pakistan, such practices would change, but the same old story of quick postings and transfers in utter disregard to seniority continues at federal and provincial levels.

One latest example in the context is the controversy between the federal government and the Sindh government over the posting of IGP and other officers in Sindh. The federal government initially adopted the stance that since the tenure of the incumbent IGP was not complete, it could not entertain the Sindh government’s request for his transfer. This seemed to be a principled stance of the federal government but after some deliberations, both the federal and the provincial governments agreed on the name of Mushtaq Mehar as new IGP. This, however, didn’t go down well with the GDA as well as the PTI MNAs from Karachi. Consequently, Mehar’s name was dropped. Prime Minister’s stand on the issue is a glaring case of succumbing to political blackmailing. Mehar is an accomplished and respected officer who has unnecessarily been made a casualty at the altar of political maneuvering. It is now being rumoured that a much junior officer, who lags behind fifty officers in seniority, is being considered for the post of IGP. If so, it will be a sheer mockery of justice. It is a well-established principle of public administration that in case of a tie as to the qualifications of two or officers, the senior most gets the promotion and posting. Cherry-picking not only creates heartburn among officers but also destabilises the whole structure of administration.

Connected with this situation is the issue of democracy, as well.  In the present setup, the Chief Minister usually heads the Home Department and is responsible for the law and order before the elected assembly. He and his government take credit or discredit for acts of the police. Besides, it is the provincial government that sets aside the police budget. Above all, under the 18th amendment, law and order is a residue subject and rests with provinces. Therefore, discarding the role of the provincial government is a clear violation of the Constitution. In terms of the rule of the law, it is an established principle that law and policies are applied uniformly and not selectively. In the case of Sindh, EstaCode is rigourously quoted whereas in other jurisdictions such as Punjab, K-P and Islamabad, all requests for posting and transfer are immediately responded to. What is sauce for the goose is sauce for the gander. Even under the Civil Service of Pakistan (Composition and Cadre) Rules, 1954, an officer belonging to the federal service posted to a province is under an obligation to submit himself to the orders of the government under which he is serving. Such a transfer has to be made in consultation with the provincial government making it clear that the federal government cannot do so unilaterally. Moreover, under the 18th amendment, the advice of the Chief Minister is binding on the Governor. As such the Governor is just a ceremonial head. Therefore, advising the Sindh government to consult the Governor in the matter of the postings of CS or IGP is not a credible preposition.

The wrangling over the transfer issue in case of Sindh has exposed the tall claims of good governance of the present federal government. Efficient decision-making is the hallmark of good governance. Inordinate delay in decision-making while officers remain on tenterhooks is no good for the morale of civil servants. The federal government must resolve the uneasy situation in Sindh as a matter of utmost urgency.

Published in The Express Tribune, February 5^th, 2020.

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