Held in Jan and Sept 2021: CSB proceedings should be scrapped, held null and void ab initio: Senate panel

ISLAMABAD: The Senate Standing Committee on Cabinet Secretariat has recommended that proceedings of Central Selection Boards (CSB) held in January 2021 and September 2021 be scrapped and held null and void ab initio due to grave legal violations and extreme discrepancies.

The Standing Committee made these recommendations in its meeting held on March 16. The decisions made by the CSB held in December 2021 under Rule 196 of the Rules of Procedure and Conduct of Business in the Senate, 2012 were moved by Senator Dr. Zarqa Suharwardy Taimur and Senator Dilawar Khan. The committee during the deliberations observed extreme discrepancies and lack of transparency in the process of assessment adopted by the Central Selection Board.

According to the minutes of Standing Committee, CSB of January 2021 and subsequently September 2021 acted in highly discriminatory, arbitrary and non-transparent manner by cherry picking the blue-eyed for promotion and condemning others by deferring or superseding them. Almost all the superseded officers have been assigned the reason of impeccable integrity in violation of Schedule- IV. The 10 parameters of the Objective Assessment Form in Schedule -IV of Promotion Rules 2019 contain the same attributes as PER “Performance evaluation report and Training Evaluation Report (TER).”

It is highlighted that dossier was ignored and the CSB members did not fill the Objective Assessment Report. This was done to place meritorious officers in Category-C by violating merit and seniority.

The CSB either deferred the officers under Rule-7 (d) or superseded them under Rules 8 of 2019 without any objective assessment as provided under Rule 4 of the promotion rules 2019.

The Standing Committee was informed that the higher and superior judiciary has condemned and deprecated the exercise of powers and authority without being substantiated by tangible evidence in arbitrary and colourable manners in the following cases: (i) Irum Adnan vs Federation of Pakistan 2012 PLC (CS) 1355; (ii) Petition No 1931/2021, Yousaf Haider Sheikh vs Establishment Division through its Secretary; (iii) Muhammad Zafeer Abbasi vs Government of Pakistan etc.2003PLC (CS) 503; (iv) Dr. Muhammad Arif vs others (I.C.A.N.I 368 of 2015); (iv) Dr. Muhammad Arif vs Federation (2017 SMCR 969); (vi) Tariq Aziz Uddin (2010 SCMR 1301); and (vii) Muhammad Akbar Khan Hoti vs Federation of Pakistan 2006 PL.C (CS) 619.

The focus of almost all the verdicts by the Supreme Court is that the Central Selection Board should carry out an objective assessment instead of subjective discretionary evaluation. Unfortunately, the verdict of the Supreme Court was not heeded and instead the discretionary space was enhanced manifold making it totally subjective and hearsay assessment overlooking the performance evaluation duly recorded by the report initiating officer, countersigning one, and the second countersigning officer with whom the officers reported upon worked.

Discretionary/arbitrary assessment created chaos and stampede of subjectivity by the Board Members did really tell upon the principles of justice and equity. It scarcely looks sound if an officer earned average report 16 years before and subsequently good, very good or outstanding for the rest of the period is invoked into directory retirement in the name of eliminating the dead wood.

The Standing Committee’s unanimous decision is to do away with the Objective Assessment Proforma 30 marks, rationalise it to make it more pragmatic and objective, merit-oriented and a balanced assessment of the officers. Therefore, the focus should be on the objectivity as desired by the Supreme Court to lessen discretion and adopt an objective analysis of the performance of an officer. Moreover, those officers who are twice superseded or on basis of average/good ACR fall under the domain of Directory Retirement Rule. This is an instrument of undue coercion retrospective application of penal provisions incorporated in the rules is violative of the Constitution of Pakistan.

The committee further decided that the composition of the members of the Central Selection Board and High Powered Board must be re-constituted afresh to ensure oversight in public interest.

The Standing Committee proposed Senator Saadia Abbasi and Senator Dr. Zarqa Suharwardy Taimur as members for Central Selection Board and High Powered Board to keep ensuring transparency, objectivity and oversight.

It was observed that unless requisite remedial measures are undertaken through an oversight mechanism the repetitive violation of merit will continue unabated. At present there is absolutely no accountability mechanism to check CSB and HPB proceedings. Unless, a system of checks and balance is put in place now the whole fabric of civil service will deteriorate. A merit-based promotion system with accountability is need of the hour.

Secretary Establishment asserted that promotion is not a right whereas it has been held by the Supreme Court that undue withholding of promotion is equal to awarding a major penalty to an officer. The matter of promotion, deferment or supersession of a civil servant that too of BPS-20, BPS-21 and BPS-22 is of enormous significance having a bearing on state structure and cannot be left to be dealt with an arbitrary, casual and capricious manner. (2017 SCMR 969).

In view of discussion, the committee unanimously decided that a transparent, dossier based objective assessment proforma is to be prepared and rationalised for the sake of reducing discretion and enhancing objectivity.

In case of Grade 22, very cautious mechanism needs to be put in action and the personal choice and desire of any individual may not replace the collective wisdom.

The committee was of the view that in order to ensure merit and transparency the mechanism/eligibility criteria must be devised in consultation with Senate Standing Committee. The purpose of consultation is to ensure advancement in realm of virtue of objectivity, impartiality, equity and justice.

The Standing Committee on Cabinet Secretariat unanimously decided that the proceedings of the CSB January 2021 and September 2021 be scrapped and rendered null and void ab initio.

The committee also deputed Senator Mushtaq Ahmad Khan, Senator Talha and Senator Saadia Abbasi with the Establishment Division to work to remove anomalies and discrepancies in functioning of Central Selection Board and High Powered Board and propose solid recommendations for merit-based and transparent promotion system, before further activity by the CSB/HPB is carried.

The Standing Committee may preferably peruse the progress on fortnightly basis to finalise the matter within six weeks, it was proposed.

Copyright Business Recorder, 2022