Federation counsel asked to convey result of communication with PM over contractual officers' cases

ISLAMABAD: The Supreme Court on Tuesday directed counsel for Federation to convey result of his communications with the Prime Minister before February 18 over the fate of fifteen officers who were re-employed on contract after attaining age of superannuation.

He was directed to convey outcome of his consultations to the Registrar for erusal in chamber.

It also directed the additional director general Federal Investigation Agency Syed Javed Hussain Bukhari, heading the Hajj arrangements corruption case, to continue his investigation and submit reports with the Registrar office for perusal of the case in chamber by Justice Raja Fayyaz Ahmed.

An eight-member bench headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry issued the direction after conducting proceedings on Hajj arrangements corruption case.

The bench would take up the Hajj scam case separately on March 1.

At the outset of proceedings, the bench was apprised by the Secretary Establishment Division Abdul Rauf Chaudhry that they had moved the reviewed cases of fifteen contractual officers to the Prime Minister who had forwarded it to the Ministry of Law for seeking an opinion.

The Chief Justice observed that the quarters concerned were defying the Court's orders.

Addressing Attorney General for Pakistan Molvi Anwarul Haq, he said "If you have decided not to implement Supreme Court's orders, then its ok. We are saying time and again to induct fair people for the purpose of good governance and you do not want to do it."

Justice Khalil ur Rehman Ramday remarked why should not all the people on contract be terminated today.

"At least I will be pressing for an order that these officers should be terminated right now, then you should continue consultations with Law ministry and judge which officers you can re-employ under Section 14 of the Civil Servant Act," he added in high pitched voice.

Abdul Hafeez Pirzada, counsel for Federation, said that the bench could proceed if it desired so as he had not received written direction on the issue so far.

He said the apex Court had already referred similar cases like promotions of BPS-22, Pakistan Steel Mills case etc to the competent authority for consideration as it could not pass direct orders.

He said the apex Court had held on many occasion in similar cases that they could not interfere in the matters as they fall in chief executive's domain.

He said there were certain cases sticking like sore thumbs and required to be dealt with.

The contracts which were not sustainable on touchstone of Section 14 might go, he added.

The Chief Justice observed "the government is confronting us."

Pirzada replied that it was their duty to avoid institutional confrontation.

Justice Ramday maintained that they had been hearing for some time about the confrontation but there was no tussle among the institutions.

"We are only diagnosing the fault and suggesting solution. This impression is given only when personal interests are involved as someone starts saying that Court's are creating tussle," he opined.

The Chief Justice referring to DG FIA Waseem Ahmed said that he had spoilt Hajj investigation process.

He questioned the contents of summary moved for granting him extension and said that he was never associated with investigation of Mumbai bomb blast case rather it was done by the then DG FIA Tariq Khosa.

He questioned how a wrong summary was moved for his extension.

Citing Provincial police officer Sindh Salahuddin Babar Khattak case, he said that he was granted extension made on verbal direction of Prime Minister Secretariat.

Pirzada told him to leave aside the matter as he was only representing the Federation.

He said that their generations had to live here and would not take refuge in foreign sanctuaries.

The Chief Justice said they would have no such facilities like their generations as they had to leave all official facilities one day.

The counsel for Federation promptly retorted by saying no matter leave them, after all you should be a citizen of Pakistan.

The Chief Justice remarked that he always felt pride for being a citizen of Pakistan.

He also observed that in LNG contract case, they had directed for appropriate action against the responsible but no report had been received from the concerned.

He told the counsel that the matter was entrusted to the Prime Minister on his advice as a counsel.

He questioned as to why Court's orders were being flouted! Justice Javed Iqbal told him that they are required to look into Section 14 of the Civil Servant Act carefully.

He said if contracts of section officers could be terminated why not the services of secretaries should and additional secretaries could be rescinded.

"This provision of law has been exploited and blue eyed chaps are employed here and there," he added.

After the break, the Attorney General apprised the bench on its direction that Secretary Commerce who was heading a committee over LNG case, had completed a report and he would be submitting it to the Prime Minister on Thursday.

Abdul Hafeez Pirzada informed that he tried to contact the Prime Minister over the issue of contract employment but he could not establish contact as the PM was travelling. He said that he was confident to contact him in the evening.

He also requested the bench for grant of some time as the question of bread and butter was involved and said that there was no superior law than the fundamental rights and right to life.

About contractual section officers, Secretary Establishment said there were a total of 140 officers who were re-employed after retirement to meet the requirements.

He said they were re-employed due to a ban on recruitment for the last eight years.

He said the officers from DMG did not join such posts and they had to hire people on contract.

"But as part of direct recruitment, 30 fresh candidates have been inducted through Federal Public Service Commission (FPSC).

While fifty each would be inducted in next two phases," he added.

The Chief Justice told him that when these posts had sanctioned budget then why he was not asking for requisition and inducting people from far flung areas through FPSC.