SC stresses neutrality in civil service

The Supreme Court has emphasized that civil service must remain free from political interference, observing that the bureaucracy is intended to serve as the steel frame of the state, not a rubber stamp for any ruling political party.

The apex court made the observations in a seven-page judgement authored by Justice Syed Mansoor Ali Shah while setting aside the Punjab Service Tribunal's decision that had denied promotion to a lecturer.

"The civil bureaucracy serves as the backbone of the state, entrusted with ensuring continuity, stability, and efficiency in governance," the ruling stated.

It emphasised that, unlike political leadership, which changes with electoral cycles, the civil service provides "the institutional memory and administrative steadiness required for uninterrupted government functioning".

The lecturer's case was forwarded for promotion through a working paper submitted by the department.

However, on March 7, 2019, the Departmental Promotion Committee (DPC) deferred her promotion on the pretext that the rules required amendment, and stated that promotions would be considered subsequently.

Her representation against the DPC's decision was rejected on August 19, 2019, while her departmental appeal was dismissed on November 29, 2019.

Consequently, she challenged both orders through a service appeal before the Punjab Service Tribunal, Lahore, which was also dismissed via an order dated January 10, 2022.

Setting aside the tribunal's decision, the SC's division bench led by Justice Shah noted that the civil service played a vital role in implementing policies, delivering services, and upholding the institutional framework of the state.

"A fundamental characteristic of an effective civil service is impartiality and meritocracy. In order to perform this role effectively, the civil service must remain free from political interference. Its independence, integrity, and intellectual honesty are essential to sustaining the rule of law and the constitution. Its allegiance lies with the Constitution and the law, not with shifting political winds."

Citing Professor Lorne Sossin, the bench emphasised that civil servants were the guardians of public trust and their duty of loyalty to the public interest must, in some circumstances, be a higher obligation than the duty of loyalty owed to the government of the day.

"They should not be penalised for opposing government policies, especially in cases of illegal acts or threats to public safety."

"Max Weber's classic theory of bureaucracy reminds us that only a professional, merit-based, and politically neutral civil service can sustain the rational-legal authority of a modern constitutional State. E.N. Gladden consistently stresses that the civil servant's loyalty is to the state and its institutions, not to transient political leaders or parties."

The SC bench noted that in the end, "we draw strength from the words of our founding father, Quaid-e-Azam Muhammad Ali Jinnah, who said: Civil officers should have no hand in supporting this political party or that political party, this political leader or that political leader—this is not [their] business".