Bureaucratic appointments: Khoso withdraws transfers, postings

Says decision made ‘out of respect for Supreme Court’.

ISLAMABAD:

Regretting his decisions regarding the transfer and posting of bureaucrats during the interregnum, the caretaker Prime Minister Mir Hazar Khan Khoso informed the top court on Thursday that all such orders had been withdrawn.

The statement came in response to a contempt notice issued to the premier’s office. The interim PM, through his lawyer, added that he held the SC in high respect and that his decision was evidence of that.

Earlier, a series of fresh appointments and tenure extensions were ordered by the caretaker premier for key civil posts. These appointments were not only criticised by the Pakistan Muslim League-Nawaz – with party leader Khawaja Muhammad Asif filing a petition against them in the Supreme Court – but also by the caretaker Law Minister Ahmer Bilal Soofi.

Consequently, a three-judge bench of the top court issued a contempt notice to Khoso and his secretaries on May 9, and finally suspended all appointments “outside the caretakers’ mandate” on May 22.

But on May 24, Khawaja Siddique Akbar, the principal secretary to Khoso, said through a written statement that all postings and transfers made after elections were due to reports received from concerned offices, adding that the shuffling was very much needed.

“Without naming individuals, documentary evidence can be presented if the court desires…[appointments and transfers] were made on compelling reasons, on substantive grounds regarding their general reputation, conduct and performance. The only consideration before the competent authority was public interest and good governance without any extraneous considerations,” Siddique contended in his written response.



Similarly, Shafqat Jalil, a spokesman for the PM House had also decried media reports which gave the impression that interim appointments were illegal.

However, Khoso informed the Supreme Court that he had withdrawn all the orders about transfers and postings of as many as 20 bureaucrats.

“Indeed the Election Commission’s orders dated April 2, 2013 were the root cause and origin of issuance of these orders which led this court to contemplate action in this case. The answering respondent PM regrets having issued them most inadvertently and with no intention to cause offence,” read the written reply filed by the PM through his lawyer Arif Chaudhry.

The bench headed by Justice Jawwad S Khawaja and comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal will take up the case on June 6.

More appointments?

Last week, Khoso ordered fresh appointments of three persons on some key posts in Ministry of Commerce, despite the Supreme Court’s May 9 contempt notice, The Express Tribune has learnt.

His order, once again, defied the Supreme Court’s directions in transfers and postings case where it prevented the caretaker government from shuffling civil posts.

By precedent

On May 9, 2013 the bench observed that “prima facie the premature transfer [and] posting of at least 20 senior government officers violated the apex court’s judgment in the Anita Turab case.”

In the November 12, 2012 Anita Turab judgment, the apex court had held that the civil servants were not bound to obey illegal orders from their superiors as they owe their first and foremost allegiance to the law and the Constitution.

Petitioner Shafqat Naghmi, a grade 22 officer said his transfer from the position of industries secretary to the Capital Administration and Development Division (CADD) was a move influenced by Akbar and Usman, adding that they should also be asked to submit their responses on the matter.

Imtiaz Inayat Elahi who was another official affected as a result of the transfer and posting, said corrupt personnel enjoyed key positions in the government.

Published in The Express Tribune, May 31^st, 2013.