ISLAMABAD: The government seems to be ignoring the orders of the Islamabad High Court (IHC) while also disregarding a key Supreme Court (SC) judgement, by continuing to retain the services of officials appointed directly to key positions in violation of the rules.
The government issued a notification on January 13 of this year, making direct appointments in 23 key departments, exempting them from an earlier Establishment Division order that required appointments in public sector organisations to be made in accordance with the SC decision in the Khawaja Asif case.
Justice Shaukat Aziz Siddiqui of the IHC had suspended the notification on April 26.
Former chief justice Iftikhar Mohammad Chaudhry, in his verdict in the Haj corruption case of 2012, had also taken a firm stance against the reappointment of government officers who had reached the age of superannuation.
Then, prior to last year’s general elections, current defence minister Khawaja Asif challenged certain direct appointments on key positions.
The SC struck down these appointments and directed the government to constitute a commission to manage appointments in statutory, autonomous and semi-autonomous bodies as well as regulatory bodies and government-controlled corporations.
Following the order, there were reports that the government may install career civil servant Abdul Rauf Chaudhry as the head of such a commission. However, nothing came of it and the Pakistan Muslim League-Nawaz (PML-N) government continued its practice of directly appointing individuals to key positions, in contravention of the SC order.
But when Dawn approached recently-appointed Secretary Establishment Nadeem Hassan Asif for comment, he said he had no idea of the matter. “I have no idea about this,” he told Dawn when asked why key officers continued to be appointed directly despite the suspension of the controversial January 13 notification.
Under the notification, issued with the approval of Prime Minister Nawaz Sharif, direct appointments were made to key positions in the National Electric Power Regulatory Authority, Oil and Gas Regulatory Authority, Public Procurement Regulatory Authority, Pakistan Telecommunications Authority, Trade Development Authority, State Life Insurance Corporation, Competition Commission of Pakistan, Securities and Exchange Commission of Pakistan, Pakistan Agriculture Research Council, Pakistan Medical and Dental Council, Drug Regulatory Authority of Pakistan, Evacuee Trust Property Board, Engineering Development Board, Pakistan Industrial Technical Assistance Centre, Small and Medium Enterprises Development Authority, State Cement Corporation, National Database and Registration Authority (Nadra), Pakistan Electronic Media Regulatory Authority (Pemra), Lok Virsa, National Telecommunication Commission, Telecom Foundation, Pakistan Bait-ul-Maal, Pakistan Tourism Development Corporation (PTDC) and the Alternative Energy Development Board.
The present government, which has been violating service rules through direct appointments, has also sacked several chairmen of key departments. The removal of former Nadra chairman Tariq Malik, the PTV managing director and Pemra chairman Chaudhry Rashid Ahmed are some such examples.
But Information Minister Pervez Rashid insisted that the government was going by the book while making these appointments. “Those who are being appointed by the prime minister are neither our relatives nor are they the favourites of any leader of the ruling party,” he said.
Recently, the government appointed Chaudhry Kabir Ahmad Khan, a retired bureaucrat over 65 years of age, managing director of the PTDC on a contract for two years. Another retired official, Zafarullah Siddiqui, was also appointed to the PTDC. According to both colleagues, both officers still hold their posts. The prime minister also extended the term of Intelligence Bureau chief Aftab Sultan, who was to retire after reaching superannuation.