ISLAMABAD, June 12: The Supreme Court declared on Wednesday as illegal all transfers and postings of senior government officers made by the caretaker government and set criteria for future appointments to top positions.
The court had on May 22 suspended the interim government’s orders for postings and transfers on a petition filed by PML-N leader Khawaja Mohammad Asif and reserved its judgment on June 6.
A three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry issued a detailed verdict on the matter on Wednesday.
It asked the new government to constitute a commission to ensure transparency in appointments to statutory, autonomous and semi-autonomous bodies, regulatory authorities as well as all public sector corporations.
The verdict said: “The commission should be mandated to ensure that all public appointments are made solely on merit.
“The commission will oversee selection panels appointing heads of public/statutory bodies and investigate complaints about unfair appointment process.
“The commission will monitor compliance with the code of practice, ensure regular audit of appointment processes within its remit, issue annual report giving detailed information about appointment processes, complaints handled and highlight the main issues which have arisen during the previous year. The annual report for the previous calendar year should be laid before the parliament by March 31.
“The commission must ensure that no public appointment takes place without its recommendation. The appointment procedures should be subjected to the principle of proportionality, that is, what is appropriate for the nature of the post and the size and weight of its responsibilities. Those selected must be committed to the principles and values of public service and perform their duties with highest level of integrity.”
The court observed that although the caretaker government’s mandate was to run day-to-day affairs, it had made more than 400 appointments, transfers and postings of government servants/ employees, including transfer on deputation with promotion to next higher grade.
“All the orders for removal or transfer as well as posting on deputation of civil servants and chief executive officers of statutory bodies, autonomous/ semi-autonomous bodies, corporations, regulatory authorities, etc, by the caretaker cabinet/prime minister are hereby declared void, illegal and of no legal effect,” the verdict said.
The court directed the establishment secretary to communicate the judgment to all divisions, ministries, organisations, etc, for the implementation of its order.































