News
Friday, January 28, 2011
SC directs govt not to rehire retired officers
* Court says such rehirings are tantamount to blocking promotions of other officers waiting for their turns
* Orders AG to take up matter with authorities concerned
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday directed the federal and provincial governments not to re-employ officers on contract after their retirement.
An eight-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Muhammad Sair Ali, Justice Anwar Zaheer Jamali, Justice Asif Saeed Khosa, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, was hearing irregularities in Hajj arrangements.
The court observed that prima facie such re-employments violate Section 14 of the Civil Servant Act 1873 as well as instruction contained in ESTACODE. The court also said that in re-employing them judgments of the superior court have not been considered.
The court directed Attorney General Maulvi Anwarul Haq to take up the matter with the authorities concerned so that they may take necessary steps to rectify any omission if committed, before the next hearing. Provinces were also directed to submit a report in this regard.
The court observed that for establishing rule of law and constitution it was necessary that provisions should be followed in letter and spirit otherwise it would not be possible to provide an effective machinery, particularly police, that ensured law and order in the country.
The court remarked that violation of the law (mentioned earlier) was tantamount to blocking the promotion of junior officers.
The AG presented a list of 13 officers, from police and FIA, who were re-employed on contract after retirement. Justice Asif Khosa remarked that re-employment of retired officers was the need of the departments, but some political masters needed them too.
The court rejected the FIA investigation report on Hajj corruption, saying there were flaws in it.
FIA Additional Director General Syed Javed Bukhari, who conducted the investigation, apprised the court of the progress on Hajj corruption case and said Rs 200 million loss was detected in hiring of buildings. When the court asked him about collecting more evidence against former minister Hamid Saeed Kazmi, he stated that the FIA have found connection between Rao Shakeel, former DG Hajj in Saudi Arabia, and Ahmed Faiz, another accused in the scam.
He said State Minister for Religious Affairs, Shagufta Jumani, was also involved in corruption, as they have found some evidence against her as well. He said they were also probing reports that a building was rented during the Hajj last year, but most of its portion remained vacant, which caused a Rs 20 million loss to the national exchequer.
The court directed the FIA to submit a weekly progress report on the case and adjourned the hearing for February 10.
Courtesy www.dailytimes.com.pk