SC sets aside FBR officers’ promotion to Grade 22

High Powered Selection Board asked to review its decision; asks in which capacity Dar attended board meeting

ISLAMABAD: The Supreme Court (SC) on Wednesday set aside the decision of the High Powered Selection Board (HPSB) headed by the prime minister of Pakistan regarding promotion of the Federal Board of Revenue (FBR) officers from Grade-21 to Grade-22.

A three-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar, heard the petition filed by Ms Raana Ahmed, challenging the decision of the High Powered Selection Board.

Raana, being a senior officer of Grade-21, was ignored by the HPSB in the promotion process.The court, after annulling the decision, directed HPSB to reconvene its meeting and decide the promotions of all concerned on merit as per seniority and record and submit a report in this regard to the court within thirty days.

Appearing on notice, former president Supreme Court Bar Association Barrister Ali Zafar, counsel for Raana Ahmed, submitted that his client had an outstanding and unblemished service record of 34 years and in seven consecutive PERs was rated as “Outstanding”, and at No6 in the seniority list and was fully entitled to promotion to Grade-22.

The political leadership could not be allowed to appoint their cronies like this, Ali Zafar contended and pointed out the arbitrariness and lack of seriousness was so much that the FBR chairman was not even present in the meeting of HPSB, while Finance who were stranger, were in the meeting to influence HPSB.

Establishment secretary confirmed that Ishaq Dar was present and the FBR chairman was absent but was consulted on phone only. The chief justice inquired as to under what capacity Ishaq Dar attended the meeting.  Justice Ijazul Ahsan, another member of the bench questioned under what information Ishaq Dar had about the FBR officers, which was not available to the FBR chairman.

The chief justice observed that the exercise of powers could not be arbitrary, capricious and whimsical.  “In fact if the persons are not promoted in accordance with the seniority and record, the reasons must be objective and justiceable”, the chief justice remarked.

Justice Ijaz said that Raana being the female officer was not promoted.  Advancing his arguments, Barrister Ali Zafar said that HPSB meeting, held on August 1, 2016, wanted to promote its favourites and, in order to give them undue favour, chose to promote persons who were at seniority level 10 and 16 thereby bypassing persons who were on merits 15 steps before them.

The learned counsel further submitted that the worst injustice was that in order to bypass honest and dedicated civil servants like Raana Ahmed, HPSB coined a vague phrase that the officer did not enjoy good reputation in terms of competence and leadership.

“If good civil servants were not promoted and persons junior to them were promoted in this manner, by none other than a committee headed by the prime minister of a country, this would be an end to meritocracy in the civil service and such actions have already resulted in dejection and indiscipline in the executive branch of the government”, Ali Zafar contended.

Citing Tariq Azizud Din case, the learned counsel recalled that the Supreme Court had already determined that the discretion for promotion of civil servants must be structured.