IHC upholds stay on FBR officers’ promotions
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ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday sought assistance from the Federal Board of Revenue (FBR) regarding its admin pool, while upholding the stay order against convening the High-Powered Selection Board meeting for the promotion of FBR officers.
IHC Justice Sardar Ijaz Ishaq Khan heard a petition file by Shah Bano Ghaznavi, a Grade 21 FBR officer, against excluding her from being considered for promotion to Grade 22. The court said that it was for the first time that an officer raised this issue and the court would see to it for coming officers.
During the hearing, Afnan Karim Kundi, the lawyer for the FBR, said that the board met after two years but this time too, the FBR officers could not get the promotion. He added that senior officers, who would be retiring in June or July, were affected.
Justice Khan remarked that this went on both sides and it had already happened. He asked the lawyer to seek instructions from the FBR to reply the court query whether the decision to send Ghaznavi to the admin pool correct.
The judge said that on a clear answer to the court’s query he would vacate the stay order on the next hearing. However, he warned that if the FBR could not satisfy the court he would summon the FBR chairman in person to respond to the court query.
The judge asked the lawyer to inform the court whether it was legal to include FBR officers in the admin pool; if legal, then for how long could an officer be kept in the admin pool; what was the legal status of the admin pool, and what were the FBR’s official instructions regarding the admin pool.
The lawyer for the petitioner told the court that during the pendency of the case, a new notification was issued, according to which an officer could be considered for promotion twice. However, the judge declined to consider the notification at this stage of the case.
The lawyer for the FBR said that as per the criteria, there should be three best Personal Evaluation Reports (PERs) during the six years period for the promotion of any officer in Grade 22. The petitioner’s lawyer said that Ghaznavi had two excellent PERs, but she did not get the promotion earlier.
The lawyer claimed that a bogus inquiry was initiated against the petitioner, so she could not be considered for promotion, pending an inquiry. And now she had been placed in the admin pool. Justice Khan remarked that this was an old tactic.
Justice Sardar Ijaz Ishaq Khan asked the lawyer what was going on in the entire government. If there was honesty at the top, then there would be honesty at the bottom too, but if the top was not right then there could not be integrity at the bottom either.
The FBR lawyer said that the admin pool had a purpose and it was not meant to punish anyone. On that the judge stopped the lawyer, saying that he was giving irrelevant arguments. The lawyer stated that the admin pool was a stopgap arrangement before an officer’s new appointment.
Justice Khan remarked that a person could be kept in the pool for 10, 15or 20 days. He then asked the lawyer whether the officer could be kept in the admin pool for nine months or ten months or even a one year period. “This is a completely arbitrary power to include any officer in this pool as long as you want.”
FBR member Hamid Atiq requested the court to vacate the stay order on the board meeting, saying that he had the service for 35 years and that he was retiring in July. On that the petitioner Ghaznavi said that she was the most-senior officer and that Atiq was eight years junior to her.
Justice Khan remarked that this was the first time that an officer has raised her voice and the court would look at the matter not for an individual’s sake but for the future officers. The court upheld the stay order and adjourned the hearing of the case until Friday (tomorrow).
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