livelawpk.com - Constitutional Jurisdiction under Article 199 ---

Constitutional Jurisdiction under Article 199 of the Constitution is not barred in matters of Civil Servants’ promotion --- Islamabad High Court, Islamabad

2 weeks, 2 days
42

Constitutional Jurisdiction under Article 199 of the Constitution is not barred in matters of Civil Servants’ promotion --- Islamabad High Court, Islamabad

Islamabad 23-12-2024: In a landmark judgment, the Islamabad High Court (IHC) allowed a Writ Petition filed by Civil Servant Muhammad Tahir Hassan, challenging his supersession for promotion to Grade 21 by the Central Selection Board (CSB). Mr. Justice Sardar Ejaz Ishaq Khan set aside the CSB’s decision, citing gross violations of due process and arbitrary reliance on unsubstantiated intelligence reports.

The petitioner, a BS-20 officer of the Information Group, was bypassed for promotion during a CSB meeting held on August 1, 2023. Despite an exceptional service record, including 13 “Outstanding” and 22 “Very Good” performance evaluations, the CSB categorized him as “Category-C” and assigned him only 10 marks, effectively disqualifying him for promotion. The decision was primarily influenced by intelligence reports labeling him as an officer of questionable integrity.

The Court dismissed objections raised by the respondents regarding the petition’s maintainability. Mr. Justice Sardar Ejaz Ishaq Khan referred to Supreme Court of Pakistan precedents, including Orya Maqool Jan Vs. Federation of Pakistan (2014 SCMR 817), affirming that constitutional jurisdiction under Article 199 of the Constitution is not barred in matters of Civil Servants’ promotion.

The Court held that the intelligence reports used against the petitioner were vague, unverified, and not shared with him for rebuttal, violating his fundamental right to due process under Article 10A of the Constitution.

The judgment criticized the CSB’s reliance on intelligence reports that lacked credible evidence. Mr. Justice Sardar Ejaz Ishaq Khan described the reports as “oxymoronic” and noted their failure to align with the petitioner’s otherwise impeccable service record.

The Court found that the CSB’s allocation of only 10 marks for “collective judgment” was arbitrary and inconsistent with the Civil Servants Promotion Rules, 2019 (CSPR). The judgment emphasized that the CSPR requires strict adherence to the marking criteria outlined in its schedules.

The Islamabad High Court (IHC) set aside the CSB’s decision and directed it to reconsider the petitioner’s promotion at its next meeting. The Court ordered the review to be conducted strictly in accordance with the CSPR’s marking criteria, excluding any reliance on intelligence reports unless confronted with the petitioner in a quasi-judicial setting.