ISLAMABAD: The Supreme Court was annoyed when it was informed on Tuesday that instead of implementing its order to terminate 15 retired officers reappointed on contract, the prime minister had sent the matter to the law ministry for legal opinion.
“Is the government confronting us,” asked Chief Justice Iftikhar Mohammad Chaudhry, who heads a seven-judge bench hearing a case relating to alleged mismanagement in last year’s Haj affairs.
The CJ made the observation after Establishment Secretary Abdur Rauf Chaudhry said the prime minister had sent to the law ministry for legal opinion the recommendations sent to him by a two-member committee for firing 15 employees rehired on contract after reaching superannuation.
“If you have decided not to implement the orders of the Supreme Court then it’s OK,” the chief justice said, adding that the court would issue an appropriate order.
“Time and again we are saying to induct fair people to ensure good governance, but you (government) don’t want to do it,” the chief justice said.
Advocate Hafeez Pirzada, the counsel for the federal government, sought time to sort out the matter, but said he wanted to explain to the court the Section 14 of the Civil Servant Act 1973 (that bars re-employment of retired civil servant unless necessary in public interest). “There are certain cases which are sticking like a sore thumb and the officers whose cases are not sustainable under this provision should leave,” he said.
On the instruction of the court, the counsel tried to contact the prime minister, the appointing authority, but did not succeed because the latter was travelling at that time.
A knowledgeable source later told Dawn that soon after returning from a foreign visit, the prime minister called a meeting of officials of the law ministry.
Justice Khalilur Rehman Ramday, a member of the bench, tried to dispel a perception about a confrontation between the executive and the judiciary by explaining that it had been created because personal interests were involved which provided certain quarters room to blame the judiciary for creating a tussle.
“We have been hearing for some time about a tussle between the institutions, but there is no tussle. We are only diagnosing faults to suggest solutions,” he said.
“Why not create opportunity for highly-educated people, instead of re-employing retired government officers,” the chief justice observed. He said that FIA Director General Waseem Ahmed, who is among the 15 officers reappointed on contract, had spoiled the entire Haj investigation.
“Why was wrong summary put up for his extension,” the chief justice asked.
“I agree no-one is indispensable, but our generation should live here and not take sanctuary in foreign countries,” Hafeez Pirzada replied.
“We also have to leave these offices as everything we are enjoying is official and then we will have no such facilities to enjoy,” the chief justice said.
“But after all you will be a citizen of this country and you should feel proud of it,” the counsel said.
“I am very much proud of being a Pakistani citizen,” the chief justice said, adding that all such appointments made in violation of Section 14 should be withdrawn.
“But this involves the question of fundamental rights because it is a matter of bread and butter,” Mr Pirzada said, adding that there was no law superior to fundamental rights which ensured the right to live.
The establishment secretary said his office was reviewing cases of 140 section officers who had been given brief employment on contract because officers from the District Management Group were not willing to join the service and there had been a shortage of officers for eight years.
However, he said that new inductions were being made through the Federal Public Service Commission. Thirty officers have been recruited and cases of another batch of 50 officers were in the process.
HAJ SCAM: FIA Director Hussain Asghar and Law Director Azam Khan submitted their reports on progress made so far in the Haj scandal probe, but told the court that FIA’s Additional Director General Syed Javed Ali Bukhari, who was supervising the investigation, had proceeded on leave to Canada.
The ADG was directed to continue with the investigation and submit reports to the registrar for perusal of Justice Fayyaz Ahmed in chamber.
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