KARACHI: The Sindh High Court on Thursday said that appointments and postings of civil servants on an OPS (own pay scale) basis and assigning additional charge was a violation of law and directed the chief secretary of Sindh to avoid making such postings in future.

A two-judge bench headed by Justice Aftab Ahmed Gorar observed that the practice of appointment on an OPS basis had always been discouraged by the SHC as it did not have any sanction of law; besides, it impinged the self-respect and dignity of the civil/public servants who were forced to work under their rapidly and unduly appointed fellow officers junior to them.

It further noted that the Supreme Court had set criteria for the appointment and posting of civil servants in its judgements reported in 2014 and 2018.

The bench directed the chief secretary of Sindh to comply with the decisions passed by the apex court in letter and spirit and avoid making transfer and posting on the ‘own pay scale’ basis in future, but subject to conditions as enumerated in the aforesaid judgements of the Supreme Court.

SHC rules assigning additional charge is also a violation of law

The SHC passed these directives while disposing of a petition filed against the vires of a notification issued in November last year by the government of Sindh to appoint an officer to look after charge of the post of controller of weights and measures wing (BS-19) of agriculture, supply and prices department.

The bench directed the chief secretary of Sindh to appoint a permanent controller within two weeks.

The bench in its order further said that to appreciate further on the issue of OPS, it had inquired from a provincial law officer to show any provision of law or rule under which a provincial civil servant/public servant could be appointed on an OPS basis, upon which the officer could not provide any satisfactory answer to the court.

The bench in its order further observed: “The discretion of nature, if allowed to be vested in the competent authority, will offend valuable rights of the meritorious civil/public servants besides blocking promotions of the deserving officers.

“In this respect the law empowers the competent authority to appoint a public servant on acting charge and current charge basis, but it provides that if a post is required to be filled through promotion and the most senior civil servant eligible for promotion does not possess the specific length of service, the appointment of the eligible officer may be made on acting charge basis after obtaining approval of the appropriate departmental promotion committee/selection board,” it added.

The bench further said that an appointment on an acting charge basis must be made for vacancies likely to last for less than six months and such acting charge appointment can neither be construed to be an appointment by promotion on regular basis for any purposes including seniority, nor did it confer any vested right for regular appointment.

“In other words, an appointment on a current charge basis is purely temporary in nature or a stopgap arrangement, which remains operative for a short duration until a regular appointment is made against the post. It is crystal clear that there is no scope of the appointment of a civil /public servant on an OPS basis except in exigencies appointment on an acting charge basis can be made, subject to conditions contained in the relevant rules,” it added.

“The above discussion leads us to an irresistible conclusion that the appointment/posting of Civil/Public Servant on OPS/additional charge basis, is violative of law and public interest,” it concluded.

Death sentence in youth’s murder case upheld

The Sindh High Court on Thursday upheld the death sentence handed down to a man by a trial court last year in a murder case.

A two-judge bench headed by Justice Mohammad Karim Khan Agha observed that a young man was murdered at the busy Seaview area in front of people and his father. A deterrent sentence was justified to prevent such mindless killing at a public place, it added.

An additional judge of the district and sessions court (model court south) had sentenced Mannan to death in January last year for killing a youth, Moosa, at Seaview beach in August 2019. The trial court had also awarded other multiple jail terms to him for wounding father and brother of the deceased.

The model court had further sentenced the main convict’s brother, Basheer, and their accomplice, Yousuf Khan, to 10-year imprisonment and multiple jail terms for attempted murder and other offences.

The convicts through their counsel had challenged the trial court order before the high court and after hearing both sides and examining the record and proceedings of the case, the SHC division bench dismissed the appeals and maintained the capital punishment and other sentences.

The SHC observed that in the face of reliable and confidence inspiring eyewitness evidence as well as other corroborative evidence the prosecution had proved its case against the appellants beyond a reasonable doubt.

It noted that it was not a universal rule that death sentence should not be handed down if no motive behind the offence was proved; as each a case must be judged on its own particular facts and circumstances.

The appellants without apparent reason beyond a quarrel set upon Haji Umar, father of the deceased, and his son, Ahmed, seriously injuring them with pistol butts and daggers and the acts of the appellants were considered to be a violent assault with intent to kill, it added.

The order further said that appellant Mannan murdered Moosa in a brutal fashion and in cold blood at the public place and the particular facts and circumstances did not warrant any leniency for appellants rather a deterrent sentence was justified.

The prosecution said that the complainant, Haji Umar, had stated that his three sons were working at Seaview and he rushed to the parking area of the beach after receiving information about a quarrel with the accused persons and his nephew.

The accused attacked the complainant and also caused serious injuries to his two sons who had come to his rescue. Later, Moosa succumbed to his wounds, the prosecution said.

Published in Dawn, February 18th, 2022