ISLAMABAD: Violating a Supreme Court judgment that a leading member of its own government, Khawaja Asif, had sought during the caretaker administration, the PML-N government has dismissed and appointed heads of public sector organisations without following the laid-down appointment guidelines.

Many appointments were made in the last six months without advertising the posts and following the process laid down for the appointment of heads of public sector organisations in the Khawaja Asif case.

The most glaring example of a violation is the case of the managing director Nespak, which appears to have relatively gone undetected. Amjad Khan was appointed, it is alleged, at the behest of the now speaker of the National Assembly, Sardar Ayaz Sadiq, and, ironically, with the patronage of the Minister for Water and Power Khawaja Asif.

The post was never advertised and the board of directors consisting of mainly senior civil servants had already been approached by government officials and told that Amjad Khan was to be appointed hence the unanimous decision of the board to appoint him.

Amjad Khan was not interviewed by the board and appointed MD in August. The previous managing director, Asad I. Khan, who was a regular Nespak employee, had a year remaining before his retirement when he was removed.

Asad Khan told Dawn that the prime reason of his removal was that he did not promote two officers recommended by the sitting NA speaker.

“Mr Sadiq asked me many times to promote the two officers out of turn,” he said, adding that it was a violation of the rules and would have been unjust with other officers.

He said that he also received threats from Mr Sadiq. “I will personally take you to the Public Accounts Committee,” Mr Asad said that he received this threat from the speaker along with another threat of grilling through FIA.

Previously under the establishment rules, three names were required to be recommended for approval and the prime minister was the competent authority to make the final approval. Subsequently, the Supreme Court ruled that a commission should be established for this purpose.

Inquiries were initiated by a sub-committee of the PAC under the chairmanship of Ayaz Sadiq to reject all potential contenders from within the organisation so that Amjad Khan, fifth on the list of seniority, could be appointed.

The irregularities in appointments were not confined to the MD Nespak, but blatant violations were also noted in other appointments in the last six months.

Take for example, the appointment of Law and Justice Secretary Barrister Zafarullah Khan, appointment of consultant to the attorney general, and hiring of lawyers for high profile cases, including in the Karkey arbitration where a close relative of former Chief Election Commissioner was appointed. In another instance, a lawyer was engaged after the announcement of the partial award in the Kishanganga arbitration. Besides, tailored posts were advertised for known individuals.

The Khawaja Asif case which has become the guiding jurisprudence in such matter was the case in which Mr Asif had challenged appointments, transfers and postings by the caretaker government.

The decision was announced after the elections and in paragraph 25 of the judgment the Supreme Court pronounced: “During hearing of the case, it has been pointed out to petitioner Mr Asif that although he being an elected Member of the Parliament had raised questions touching upon the transparency in the appointment of the heads of the autonomous, semi-autonomous bodies, corporations, regulatory authorities, etc., but in his own capacity as a public representative, he had also to ensure that all the appointments in such like bodies as well as the appointments on contract basis must be made in a transparent manner.”

There is nothing in the judgment to suggest that it would have retrospective effect.

To the contrary, the guidelines provided by the court mandate a code of practice to ensure transparent merit-based public appointments.

The decision provides for the establishment of a commission that must, inter alia, take measures to ensure that processes for public sector appointments are conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are fully guarded against.

Rather than following the court order, the PML-N government has not only been disregarding the order in its own appointments but retrospectively implementing it for those whom they want to replace with their own people.