In a significant development, Chief Justice of Pakistan (CJP) Umar Ata Bandial has urgently listed for hearing a case about allegedly illegal hiring in the Sindh High Court (SHC) and the province’s district judiciary during the term of SHC Chief Justice Ahmed Ali Sheikh.
The case was last heard one-and-a-half years ago on December 10, 2021.
A three-member special bench led by CJP Bandial himself and comprising Justice Ijazul Ahsan and Justice Aminuddin Khan will resume hearing of the case—based on a petition filed by Ghulam Sarwar Qureshi— today (Thursday).
Sources said counsels for the parties received intimation notice about listing of the case on Wednesday afternoon. Lawyers are surprised over listing of the matter during summer vacations.
At the last hearing in December 2021, the special bench, then comprising Justice Bandial, Justice Ahsan and Justice Mazhar Alam Miankhel, formed a committee to examine all hiring at the SHC and Sindh’s district courts and submit a report by January 15, 2022.
The case was adjourned till January 2022 but was not listed for hearing again. Now it is expected that the bench will decide the case based on the committee's findings.
Justice Bandial in his last order had held that the SHC “failed to perform its duty under Article 203 of the Constitution to supervise the courts subordinate to it, especially in monitoring the appointment process of paralegal staff”.
“The plea of consistency with past practice is of no advantage because irregularities in the appointment process cannot be justified by invoking the neglect by previous administrations.
“It does not behoove a high court to take refuge behind precedents of deviating from the law to explain irregularities in the present appointment process," said a five-page written order issued by the bench. The court also constituted a committee to examine all appointments and submit a report
"Be that as it may, before we arrive at any final decision, we consider it appropriate to form a committee comprising additional registrar (admin) of the Supreme Court, a deputy registrar to be nominated by the SHC and an assistant registrar (Civil-II) of the Supreme Court to examine in detail the present (and other requisite) material summoned by the committee from the registrar.
"The committee shall prepare a report of its findings on the fairness and transparency of the appointment process of staff in the district judiciary and the types and extent of the departure from the requirements of the applicable rules including the SJSSR," the order said.
It said neither any entry test was conducted nor any marking scheme was prepared at the interview stage for hiring of employees in the basic pay scale (BPS) five.
"On the posts of Hardware & Networking Technician (BPS-14), Computer Operator (BPS-12) and Junior Clerk (BPS-11), candidates who had not obtained the threshold pass marks were appointed.
"For certain senior posts, namely, Stenographer (BPS-16); Computer Operator (BPS-12); and Junior Clerk (BPS-11), no marking scheme in the interviews was used to assess the performance of the candidates.
"For some posts, namely, Stenographer (BPS-16); Junior Clerk (BPS-11); and Bailiff (BPS-05), the marking scheme of interviews was dispensed with; and vacancies for almost all posts in the District Karachi East were not advertised," the order said.
The SHC chief justice is retiring in October this year. The Judicial Commission of Pakistan (JCP) is divided about his elevation to the apex court.
During the term of former CJP Gulzar Ahmed, a majority of the JCP members had recommended his elevation to the SC but Justice Sheikh had refused to accept the position of an ad-hoc judge.
A member of the JCP revealed to The Express Tribune that one section of the JCP may once again make a pitch for Justice Sheikh’s elevation to the SC. Against this backdrop, the listing of this case is significant.
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