|
Sindh Govt restrained from inducting ‘outsiders’
The petitioners told SHC that outsiders from other services and depts and federal corporations had been inducted into the service directly in various grades in gross violation of relevant laws. - APP/File photo
KARACHI: The Sindh High Court restrained the provincial government on Tuesday from inducting into the provincial secretariat service officers of other groups and departments and federal corporations.
The interim order was passed by a division bench comprising Justices Faisal Arab and M. Karim Khan Agha on a writ petition moved by 50 regular members of the service through Advocate Zamir Gumro. It would not operate retrospectively and would remain in force till further orders, though the bench indicated that it would like to dispose of the petition on August 11, the next date of hearing, after hearing detailed arguments.
Advocates Rasheed A. Razvi and Asim Mansoor filed their powers of attorney on behalf of some of the 12 respondent officers, including co-operation secretary Ali Azhar Baloch, retired Maj Aftab Lodhi and S.M. Kaleem Makki of the governor’s secretariat, inter-provincial co-ordination secretary Maula Bux Khatian, additional health secretary Dabeer Ahmed Khan, Pakistan Steel general manager Rasul Bux Phulpoto, Kashmore district co-ordination officer Abid Ali Shah and Dr Muhammad Ali.
Contesting the petition, Assistant Advocate-General Adnan Karim Memon questioned its maintainability as it involved adjudication of service matters, which have been excluded from the purview of writ jurisdiction. He said the chief minister and the provincial government were empowered under the law and rules to induct into any service members of other services and groups. He cited the Supreme Court order in Dr Azizur Rehman Meo’s case in support of his contentions.
The 50 petitioners, including additional secretaries Abdul Haleem Sheikh of the services and general administration department, Noor Alam of the finance department, Riaz Ahmed Memon of the education department, Abdul Jabbar Shaikh and Dr Muhammad Nawaz (both awaiting posting) and Dr Nasimul Ghani Sahito of the education and literacy department, say that they entered the secretariat service through competitive examinations conducted by the Sindh Public Service Commission since 1988.
Outsiders from other services and departments and federal corporations, say the petitioners, had been inducted into the service directly in various grades in gross violation of the service structure, the Sindh Civil Servants Act and Rules and the promotion policy laid down for grades above 19. They said people from disciplines as far a field as dental surgery, banking and taxation had not only been absorbed but also given accelerated promotions to the detriment of the regular members of the secretariat service. No such treatment had been meted out to any other service nor were they eligible to join any other group, the petitioners say.
Documents produced
The AAG, meanwhile, produced all the documents relating to the arrest and detention of seven people during a crackdown in April. Advocate A.Q. Halepota had challenged their detention on frivolous grounds. He said they were picked up from various areas of Karachi on April 1 but were shown to have been arrested in several cases booked by the Sohrab Goth police station on April 10.
The AAG produced the material, including the statements of witnesses, which led to the detention and prosecution of the petitioners. He said they were held for possessing narcotics and illicit arms and for firing at police parties that intercepted them. Now that charge-sheets had been submitted against them in competent courts, he said, the only remedy available to them was to move for their acquittal under Section 265-K of the criminal procedure code if they believed that the prosecution had no material to try them.
DAWN. Wednesday, 01 Jul, 2009
|
