Punjab CM not competent authority to reinstate sacked govt employees: LHC

Punjab CM not competent authority to reinstate sacked govt employees: LHC

Punjab CM not competent authority to reinstate sacked govt employees: LHC

A view of the building of Lahore High Court. Image: File

Advertisement

LAHORE:  The Lahore High Court has declared that the chief minister is not the competent authority to reinstate sacked government employees from grade -1 to 15 and the directive to restore a public servant on humanitarian ground has no value in the eye of law.

“A perusal of directive issued by the Chief Minister Secretariat shows that reinstatement of the petitioner was directed on humanitarian grounds. The said ground being alien to law on the subject was not justified, Justice Shujaat Ali Khan ruled while dismissing the petition seeking enforcement of CM’s directive regarding his reinstatement.

The petitioner Zahid Latif Bhatti was working as sub-engineer in Lahore Development Authority but in 2004 was dismissed from the service on the ground of absent from duty. He moved a departmental appeal which was also dismissed. Subsequently, the petitioner filed an application before the Chief Minister for reinstatement in service which issued a directive on January 03, 2006 directing reinstatement of the petitioner on humanitarian ground. However, LDA authorities did not implement the directive.

The petitioner subsequently tried his luck by filing an application before the Prime Minister of Pakistan upon which The Governor Secretariat Punjab further directed LDA director general to proceed in the matter of the petitioner in accordance with Rules/Policy but no action was taken. The petitioner again filed an application before DG for reinstatement in service whereupon Director administration through letter issued on June 23, 2017 refused to consider the request of the petitioner. Hence he approached the LHC.

While arguing the case, counsel for the petitioner emphasized on the fact that since the Chief Minister has been declared as competent authority in terms of Section 2 of the Punjab Removal from Service (Special Powers) Ordinance, 2000 no illegality was committed by the Chief Minister Secretariat, while conveying the order issued by the Chief Minister.

Advertisement

“In this regard, I am of the view that an order passed by an Executive, how so high, is not enforceable by the public functionaries until and unless it has the backing of law, ” the judge ruled in a 9 page order.

The judge further clarified that the Chief Minister was not the competent authority in the petitioner’s case. He explained , “Perhaps said plea is oblivion of the fact that vide Notification No.SOR-III.1-33/94(A) dated 06.12.2000, the competent authority in respect of employees in different scales were determined. The Chief Minister was not declared as competent authority in respect of the employees falling in BPS-1 to 15. Since the petitioner was serving in BPS-11 at the time of his dismissal from service, the Chief Minister could not be considered his competent authority.

The judge said the Supreme Court in numerous cases held that the act of extending favour and conferring benefit on someone is not only against the fundamental rights of promotion of his peers on merits but, is also a glaring example of nepotism and undue favour, which act is also opposed to oath of office of the Chief Minister.

Government functionaries are not bound to obey illegal orders of politicians including the Chief Minister as all public functionaries, how high so ever it may be, is subservient to the Constitution and law.

The apex court also dc;ared that The public functionaries are not bound to follow illegal orders even of the Chief Minister. Bureaucrats are there to serve the people and not the whims of ministers. Ministers are politicians who have been elected by the people and as such are entitled to enact policies on the basis of which they were elected.

“If the conduct of the respondents refusing to implement the directive issued by the Chief Minister is considered in the light of principles laid down by the Supreme Court of Pakistan, there leaves no ambiguity that they performed their duties efficiently, thus no adverse opinion can be formed against them, ” the LHC judgment read.

Advertisement

At the end, the bench declared that since order issued by the Chief Minister Secretariat regarding reinstatement of the petitioner was not supported by any law, the implementation of such order in respect of other employees did not constitute discrimination as “two wrongs do not make one right”.

Advertisement
Advertisement

Catch all the Pakistan News, Breaking News Event and Latest News Updates on The BOL News


Download The BOL News App to get the Daily News Update & Follow us on Google News.


End of Article

Next Story