LAHORE: The Punjab Small Industries Corporation (PSIC) Board of Members has reinstated a woman officer in service and paid her Rs13 million ‘arrears’, who was removed from service by the board in April 2017.

She has also been posted as PSIC director (Admn)/secretary BoM.

The documents available with Dawn reveal that Farah Razzaq had joined the Punjab industries department/PSIC on one-step up deputation in BS-18 on Sept 8, 1994, while concealing the fact that her regular service in BS-17 in the AJK government was declared void by the AJK Supreme Court on July 26, 1994.

Among other charges of wilful absence from duty, inefficiency and misconduct, the PSIC board in its 95th meeting found that Ms Razzaq, who was serving as corporation’s regional director, Rawalpindi, had not disclosed her service status to the Punjab government after the judgement of the AJK Supreme Court and imposed a major penalty of “removal from service.” The order was issued by the then PSIC director, Khalid Saleem, on April 18, 2017.

Erstwhile board removed her in 2017 as she didn’t disclose her service status to Punjab govt; she manages to get Rs13m arrears

Later in May 2018, the PSIC board in its 101st meeting again accorded her personal hearing and dismissed her appeal being “devoid of merit”.

Before reaching the decision, the PSIC administration had also sought a clarification from the AJK government, which confirmed that she was an ad hoc appointee and the Act under which she was regularised, had been declared void by the AJK Supreme Court.

Ms Razzaq was originally appointed as ad hoc section officer in the AJK government on Aug 12, 1992 and her services were confirmed under the AJK Civil Servants (Regularisation of ad hoc appointment) Act 1992 on Nov 16, 1992. This Act was later challenged in the AJK Supreme Court and was ultimately declared void for being violative of fundamental rights on July 26, 1994. The woman officer was also a petitioner in that case.

Thereafter, the AJK government on Aug 29, 2016, confirmed that “all appointments which were declared as regular services under the aforesaid Act were declared void from the date of issuance. This fact was overlooked by the borrowing agency (Punjab industries department and PSIC) during her absorption in the Punjab government”.

The AJK government also clarified that “the Punjab government was conveyed through a letter dated May 15, 1997 that she has not been a permanent employee of any government, semi-government or organisation of AJK”.

As years passed and the PSIC did not submit facts and followed up the case, the officer yet again sought directions from the Lahore High Court for the corporation’s board to extend again a “personal hearing” to the petitioner and decide as per law through a speaking order.

The PSIC board in its 120th meeting held on Dec 16, 2022 constituted a departmental committee consisting of additional secretary industries and director (Admn) PSIC for recommendations.

Despite representation by an independent PSIC board member, the committee did not seek legal opinion on the complicated legal issue from the S&GAD (Regulation Wing) and the law department and allegedly to favour the applicant only considered the charges of wilful absence from duty, inefficiency and misconduct of the applicant, while completely ignoring the AJK Supreme Court judgement. It recommended the lady officer’s reinstatement in service with immediate effect.

The PSIC board (being itself incomplete) meeting chaired by caretaker minister S.M. Tanveer approved the departmental committee recommendations in totality.

The PSIC management eventually appointed the officer as secretary board/director (Admn) making her the custodian of the personal/board record.

The corporation also convened another board meeting and reviewed the earlier decision of the board and allowed all previous financial benefits (to the tune of Rs13 million) through an order issued on April 13, 2023.

Stakeholders in the case demand that Ms Razzaq’s reinstatement orders made in violation of the AJK Supreme Court, besides ignoring the laid down procedure and advice of PSIC legal adviser, should be referred to the S&GAD (Regulation Wing) and law department to avoid any legal complications including contempt proceedings as well as violation of E&D Rules at some later stage.

When contacted, PSIC managing director Asim Javed said the PSIC board/ the Appellate Authority had reinstated Ms Farah Razzaq into service as per law and she was given salary/ past arrears after pre-audit and careful examination of her case in line with leave rules.

Mr Javed said the officer was posted as director admin due to maternity leave of her predecessor.

When asked to clarify which law allowed the PSIC board to reinstate the woman officer, who was removed from service in compliance with the AJK SC judgement, the MD opted not to respond.

When contacted for her version, Ms Razzaq claimed that she was removed from service on the charges of absence from duty. “Any other charge against me does not hold any ground,” she claimed.

As this reporter shared all documents with the officer including the PSIC board’s four-page April 18, 2017 and the AJK government’s letter to the Punjab government, the lady officer shared the Lahore High Court proceedings requiring personal hearing by the corporation’s board as well as PSIC’s Feb 17, 2023 (incomplete) order, which allowed reinstatement of her service.

Published in Dawn, August 31st, 2023