PM’s directive on illegal appointments ignored by many entities

ISLAMABAD: Prime Minister Office’s directive for the provision of information about all appointments made after August 18, 2016 without approval of the cabinet, has been ignored by many federal ministries, departments and other entities.

One-week deadline was given on April 24 this year to all ministries and divisions for the provision of the required information to the PM’s Office. However, despite the lapse of over two months and repeated reminders from the PM Office to get details of this blatant irregularity, the required information is not received from all ministries and divisions. Informed sources said that this data compilation is not complete since many departments and ministries are dragging their feet- and not sharing details of cases where illegal appointments were made bypassing the PM Office and cabinet. The data collected so far has revealed major violations of law and illegal actions by ministers and federal secretaries. Several ministries and divisions have reported to the PM Office about the appointments they had made without the government’s approval.

The sources said that Establishment Division has reported 30 such cases, Ministry of Industries 35, Ministry of law 25, Ministry of Maritime 14, Ministry of Health 17, Ministry of Finance 8, Cabinet Division 5, Ministry of Commerce 3, Ministry of Information 8, Interior Ministry 8, Ministries of Defence and Water 1 each. Reports from many ministries like Information Technology, Education, Power, Oil and Gas, Ports and Shipping and Communication are still awaited. It is said that many ministries and divisions have made appointments on important positions, and boards of key state owned enterprises without approval of the prime minister and the federal cabinet. The federal ministers and federal secretaries have been making appointments without legal authority, which forced the PM to take notice of this lack of discipline.

Following Prime Minister Imran Khan notice, a letter dated April 24 signed by Muhammad Azam Khan, Secretary to Prime Minister directed all federal secretaries, additional secretaries (in charge) of all divisions to provide to cabinet secretary within a week by April 30, 2020 the lists indicating all such appointments which need the approval of the federal government. The prime minister had further directed that the said exercise would be completed by April 30, 2020 and the lists would be shared with the cabinet secretary who would present the same before the federal cabinet in its meeting tentatively scheduled on May 5, 2020.

The PM Office had reminded all concerned that the Supreme Court of Pakistan in its judgment dated August 18, 2016, had declared that the federal government means the prime minister and his cabinet. Therefore, the appointments, required to be made by the federal government, are only valid if approved by the prime minister and the cabinet.

The prime minister or any other minister, secretary cannot exclusively and solely represent the federal government. Wherever any law requires that the federal government make a decision, it should mean the decision of the Cabinet inclusive of the prime minister.

In view of the SC judgment, the prime minister directed all federal secretaries/additional secretaries (in-charge) of all divisions to carry out an exercise indicating all such appointments made after August 18, 2016, requiring approval of the federal government/cabinet as per the relevant laws/rules/regulation, which were made without the approval of the federal government/cabinet.

The lists, it was directed, shall also include all such appointments which were made pursuant to the delegated powers of federal cabinet to a federal minister/secretary for being illegal, void and without jurisdiction.