THIS is with reference to the editorial ‘Civil service rules’ (Dec 6). The government, like its predecessors, has embarked upon a cosmetic transformation of civil bureaucracy by framing fresh Civil Servants (Efficiency and Discipline) Rules, 2020.

At the time of independence, Pakistan had inherited the Punjab Civil Servants (Punishment and Appeal) Rules, 1935, framed under section 241 of the Government of India Act, 1935. These were repealed by the West Pakistan (E&D) Rules, 1960, framed under clause (3) of Article 6 of the Laws (Continuance in Force) Order, 1958.

They were repealed by the Civil Servants (E&D) Rules, 1973, framed under section 23 of the Civil Servants Act, 1973, to be repealed by the Removal from Service (Special Powers) Ordinance, 2000, framed in pursuance of the Proclamation of Emergency of Oct 14, 1999, and the Provisional Constitution Order No. 1 of 1999. They were once again repealed by an Act No. 111 of 2010, which also revived Civil Servants (E&D) Rules, 1973.

Now fresh Civil Servants (E&D) Rules, 2020, have been framed by superseding the rules of 1973. All these rules revolve around three tiers — the authority, authorised officer and inquiry officer/committee. Changes in these rules are made with regard to their functions and powers.

No substantial change in the basic structure of these rules is made except that a tier is eliminated as was done in the case of Removal from Service (SP) Ordinance, 2000, and in the recent E&D Rules, 2020, where tier of an authorised officer has been eliminated.

A few provisions for completion of inquiry proceedings within certain timeframe have also been added to the new rules. These provisions, if not made mandatory and are in the nature of directory provisions, will not be complied with as their non-compliance will not vitiate the inquiry proceedings.

Rules of 1973 and subsequent rules do not derive their legal authority directly from the Constitution, and, on the other hand, are framed by the executive, which derives its authority from delegated legislation given to it by parliament, which derives its authority directly from the Constitution.

Our rule-making mania is insatiable. Our constitutional history is littered all around with amendments and abrogations. By formulation of new rules on a monthly basis, an impression is being created that civil bureaucracy is being targeted for direct penal action for its delinquencies alongside free hands given to NAB, FIA and other anti-corruption agencies.

It will not be out of place to mention here that constitutional protections were given to civil servants against arbitrary dismissal and imposition of major penalties in the Government of India Act, 1935, (adopted as interim Constitution of Pakistan under Article 8 of Indian Independence Act, 1947).

These above constitutional protections were retained by the founders of Pakistan in the interim constitution and were duly incorporated in the constitutions of 1956, 1962 and the draft constitution of 1972. However, these were taken away in the 1973 Constitution. These protections were introduced by a former caretaker prime minister (who also happened to be a civil servant) through an ordinance in 1993 which lapsed.

Since 1973, it has been the topmost agenda of every new government to corner and harass civil servants through one punitive measure or another penal step. Has any effective measure been introduced by any government to reform, modernise and improve outdated, rusty and inflexible civil bureaucracy in Pakistan?

Muhammad Nadeem Butt

Additional Secretary

Govt of Balochistan

Quetta

Published in Dawn, January 2nd, 2021