ISLAMABAD: The Islamabad High Court (IHC) has asked the Establishment Division to explain how the recent promotion rules that have given discretionary powers to the Central Selection Board (CSB) are in conformity with the judgement of the Supreme Court in this regard.

An IHC division bench comprising Chief Justice Athar Minallah and Justice Lubna Saleem Pervez directed the government to satisfy the court on the issue related to giving 30 per cent discretionary marks to the CSB as a number of civil servants challenged the recommendations of the board’s meetings held on Jan 27-29 this year on promotions of top bureaucrats.

The bench was hearing identical petitions filed by the superseded officers of the Police Service of Pakistan, Pakistan Administrative Service, Customs, Inland Revenue Service and other cadres.

On Dec 3, 2019, the Establishment Division with the approval of Prime Minister Imran Khan notified in the official gazette the Civil Servants Promotion (BPS-18 to BPS-21) Rules, 2019.

Asks govt to satisfy it on giving 30pc discretionary marks to CSB

According to the new rules, the CSB, which earlier had 15 out of 100 marks, now has 30 marks on its discretion. In addition to the CSB’s 30 marks, 40 marks are reserved for the annual confidential reports (ACRs) and remaining 30 for professional courses.

Earlier, courts had struck down the discretionary power of the CSB that was being exercised on the pretext of “integrity of civil servants”.

The new rules suggest that the CSB members would also be free to consider marks on the basis of intelligence reports as they specifically mention that for promotion to top posts, the CSB can take into account the information received against the officer concerned.

Before the introduction of the new rules, the passing marks for a candidate belonging to the Pakistan Administrative Service were 75 and for the rest of the cadres 72. These marks could be obtained through outstanding performance and successful completion of professional courses at the National Defence University and administrative college.

Previously, there were 50 marks for the ACRs, 35 for professional courses and 15 for the CSB. If a candidate secured 80pc marks, there were chances of his promotion even if the CSB would not give him any mark.

According to the petitions, the Supreme Court has already set aside the arbitrary powers of the CSB, but the last year’s promotion rules have revived these powers of the board.

In 2014, the Establishment Division had introduced the criteria that empowered the CSB to reject promotion of a civil servant if he/she failed to secure at least three out of five marks for “integrity/general reputation/perception”.

In 2015, the IHC declared illegal an office memorandum dated Feb 10, 2014 that gave a veto power to the CSB .

The Supreme Court had in 2017 upheld the IHC’s judgement and set aside the arbitrary powers of the CSB.

The bench asked the Establishment Division to explain as to whether Rules of 2019 regarding promotion of civil servants have been framed in accordance with the judgement of the Supreme Court. The bench further sought justification for empowering the CSB with the discretionary powers and whether this discretion was utilised in a fair and just manner or otherwise.

The court directed the Establishment Division to submit a detailed report and adjourned the hearing till May 7.

Published in Dawn, April 28th, 2020