IHC annuls CBS decision based on intel reports

The capital's high court has annulled a decision of the Central Selection Board (CSB) not to elevate a grade-20 officer to the grade-21 on the basis of intelligence reports.

Justice Sardar Ejaz Ishaq Khan of the Islamabad High Court (IHC) issued a written judgment on a petition filed by Muhammad Tahir Hassan against the CSB's decision of 2023. On August 1, 2023 the CSB decided not to promote Hassan based on the reports of two different intelligence agencies.

The court noted that the petitioner claimed a stellar career from 1994 to 2022, with his secretary recommending his promotion.

However, intelligence reports raised questions about his credibility leading to a lower-scoring officer being promoted over him

The ISI report labeled the petitioner as corrupt and unfit to work under pressure, while the IB report referred to alleged financial irregularities and departmental inquiries. The court observed that the intelligence reports used the term "reportedly" instead of substantiating their claims with evidence.

It was also acknowledged that intelligence reports were presented before the board for the first time. The sources and methods used to gather this information were unclear, raising concerns about the accuracy of allegations that contradicted the petitioner's commendable service record, it said.

The court said denying an individual the opportunity to defend themselves against allegations constitutes a severe violation of fundamental rights.

The verdict said it is astonishing for the court to consider how a capable prime minister could allow such negligence to occur. How can he leave his bureaucracy at the mercy of such intelligence reports that lack evidence? Under these circumstances, how can the prime minister expect his bureaucracy to serve the government effectively, the verdict asked.

Annulling its August 2023 order, the court directed the board to reconsider Hassan's promotion under the Civil Servants Promotion Rules in its next meeting. It also instructed the board to disregard any intelligence report that denied the officer an opportunity to defend himself at the departmental level.