KARACHI, Oct 31: The Sindh High Court gave another two months to the federal government on Tuesday to reconsider promoting three grade-20 income tax officers in accordance with its decision of April 6.
The order was passed by a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab, on contempt petitions moved by Khan Matiur Rehman, Iqbal Ahmed Jumani and Malik Bashir against Establishment Secretary Tariq Ali Bukhari and chairmen of the Central Selection Board and the Board of Revenue. They alleged that the CSB had again superseded them in defiance of the SHC order, which became final when the Supreme Court declined the federal government leave to appeal against the judgment.
Appearing for respondent Tariq Ali Bukhari, Advocate Abdul Hafeez Pirzada submitted that the cases were reconsidered but the respondent was not the competent authority to take a decision. Promotions to grade 21 were ordered by the prime minister on the recommendation of the Central Selection Board. However, he requested more time for implementation of its April 6 judgment. The counsel said he would firmly advise the respondent divisions and the board to comply with the court order in letter and sprit.
Allowing the request and giving two more months to the respondents for compliance with the court order, the chief justice observed that their conduct was not conducive to instill public confidence in institutions and functionaries to discharge their functions in accordance with the law.
Appearing for two of the petitioners, Dr Farogh Nasim submitted that the high court had laid down guidelines for consideration of promotion cases, but they had been ignored by the respondents. In Khan Matiur Rehman’s case, it was agreed by the respondents as far back as May 26, 2005, that his fitness would be re-determined after excluding his performance at the Pakistan Administrative Staff College, which would not be allowed to stand in the way of his promotion to grade-21. The undertaking by the respondents contained in the consent order passed by a division bench, comprising Justice Sabihuddin Ahmed and Justice Maqbool Baqar, had not been honoured.
Advocate Mansoorul Haq Solangi submitted that the Federal Service Tribunal had directed the respondents on June 3, 2005, to reconsider his promotion case within 90 days. Instead of complying with the FST and high court orders, the respondents promoted more junior officers in violation of an SHC stay order.
Deprecating the respondents’ failure to implement the court order, the bench adjourned further hearing until after two months, within which the respondents were asked to submit a report.
