Islamabad:
The Superior Court of Islamabad (IHC) on Wednesday assistance from the Federal Income Board (FBR) with respect to its group of administrators, while maintaining the order of stay against the call of the meeting of the High Power Selection Board for the promotion of FBR officers.
IHC judge, Sardar Ijaz Ishaq Khan, heard a Shah Bano Ghaznavi request file, a FBO officer of Grade 21, against the exclusion of being considered for the promotion to the 22nd grade. The court said it was for the first time that an officer raised this problem and the court would see it by the official officers.
During the hearing, Affan Karim Kundi, FBR’s lawyer, said the Board met after two years, but this time also, FBR officers could not obtain the promotion. He added that the upper officers, who would retire in June or July, were affected.
Judge Khan commented that this went on both sides and had already happened. He asked the lawyer to seek instructions from the FBR to respond to the judicial consultation if the decision to send Ghaznavi to the correct administration group.
The judge said that in a clear response to the Court consultation, he would vacate the order of stay at the next hearing. However, he warned that if the FBR could not satisfy the court, it would summon the president of FBR in person to respond to the Court consultation.
The judge asked the lawyer to inform the Court if it was legal to include FBR officers in the administration group; If it is legal, for how long could an officer maintain in the administration group; What was the legal status of the administration group and what were the official instructions of the FBR with respect to the administration group?
The petitioner’s lawyer told the court that during the processing of the case, a new notification was issued, according to which an officer could be considered to promote twice. However, the judge refused to consider the notification at this stage of the case.
The FBR lawyer said that, according to the criteria, there should be three best personal evaluation reports (PERS) during the six -year period for the promotion of any officer in the 22nd grade. The petitioner’s lawyer said that Ghaznavi had two excellent pers, but did not receive the promotion before.
The lawyer said that a false investigation against the petitioner began, so it could not be considered for the promotion, waiting for an investigation. And now they had placed it in the administration pool. Judge Khan commented that this was an old tactic.
Judge Sardar Ijaz Ishaq Khan asked the lawyer what was happening throughout the government. If there were honesty at the top, then there would also be honesty at the bottom, but if the top were not well, then there could not be integrity in the bottom.
FBR’s lawyer said the group of administrators had a purpose and that it was not intended to punish anyone. On that, the judge arrested the lawyer, saying that he was giving irrelevant arguments. The lawyer declared that the group of administrators was a Stopgap agreement before the new event of an officer.
Judge Khan commented that a person could stay in the pool for 10, 15 or 20 days. Then he asked the lawyer if the officer could stay in the group of administrators for nine months or ten months or even a period of one year. “This is a completely arbitrary power to include any officer in this group whenever you want.”
The FBR member, Hamid Atiq, asked the Court to annul the stay order at the meeting of the Board, saying that he had the service for 35 years and that he was withdrawn in July. In that, the petitioner Ghaznavi said that he was the most senior officer and that Atiq was eight years Junior for her.
Judge Khan commented that this was the first time that an officer has raised his voice and the court would analyze the matter not for the good of an individual but by future officers. The court confirmed the stay order and postponed the hearing of the case until Friday (tomorrow).
