SHC issues notices on petition against civil servants lawMarch 7, 2013
Karachi: The Sind High Court SHC on Thursday put Principal Secretary to Sind Governor, Chief Secretary, Secretary Sind Assembly, and other official respondents on notice in petition challenging newly enacted Sind Civil Servants’ Amendment Act 2013.
A division bench headed by Chief Justice Mushir Alam, was seized with the petition filed by Rana Faizul Hasan of United Human Rights Commission of Pakistan, a nongovernmental organization who moved the court against newly adopted Sind Civil Servants’ Amendment Act 2013.
In petition he submitted that on February 7, 2012 Sind Civil Servants’ Amendment Act 2013 was passed in the provincial assembly to provide legal protection to officers who are given out-of-turn shoulder promotions.
He said that by amending Sind Civil Servants act, a section 23A has been inserted which legalise out-of-turn shoulder promotions, deputation, induction and absorption of non-cadre officers on cadre posts and the court cannot moved against these officers.
He stated that Arif Mustafa Jatoi member provincial assembly also protested on the floor of the assembly against proposed bill, but without discussing the amendments it was passed in haste.
He stated that several constitutional petitions against out-of-turn shoulder promotions were already pending in courts, but new ordinance was promulgated to save 55 blue eyed police officers from demotion. He said that list officers promoted also include names of two brothers of the provincial law minister.
He contended that another act similar to NRO has been promulgated which will encourage promotions on political basis, resulting in increased bias and lacklustre performance.
He stated that newly enacted Sind Civil Service act violates of Articles 2A, 4, 8, 9 and 25 of the Constitution of Pakistan. Therefore he prayed to court to set aside impugned ordinance.
He impleaded Principal Secretary to Sind Governor, Chief Secretary, Secretary Sind Assembly, Secretary Law, and Home Secretary as respondents.
The court issued notice to the respondents and advocate general of Sind.
The hearing of case was putt of till date later be fixed by the court’s office.