LAHORE: A Lahore High Court’s ruling that allows petitions of three superseded senior police officers says the consideration for promotion of a superseded officer must be from the date of supersession decision by the Central Selection Board (CSB) so he/she could know the reasons for supersession and may improve in one year if possible.

“Any other interpretation of this rule will render it redundant and purposeless,” Justice Abid Aziz Sheikh observes in his 15-page judgement on petitions of Dr Azeem Khan and two other police officers.

The petitioners working in BS-19 to BS-20 were considered by the CSB in its meeting from Jan 4 to 7 2021 for promotion, however, the board recommended “supersession” of the petitioners and did not promote them to BPS-20 or BPS-21.

The counsel for the petitioners argued that that the relevant rules applicable for promotion from BS-18 to BS-21 said if a civil servant once superseded for promotion, he/she shall be eligible for reconsideration only after he/she earns one more performance evaluation report (PER) of full one year.

He said instead of waiting for a full one year, another CSB meeting was held on Jan 4 to 7 of 2021, wherein the petitioners were again superseded. He argued the impugned decision was clear violation of rule 10(5) of the Civil Servants Promotion Rules 2019, which was mandatory in nature.

Defending the impugned decision of the CSB, a law officer argued that rule 10(5) of the rules was complied with as the board in its meeting held on Jan 27-29th of 2020 considered the PERs of 2018 whereas in meeting of Jan 4 to 7th of 2021 the PERs of 2019 were considered.

Rejecting this argument of the government, Justice Sheikh, in his verdict, observes, “I am afraid this argument does not have any legs to stand in view of explicit language and mandatory requirement of rule 10(5) of the Rules, under which the superseding civil servant can only be reconsidered for promotion after he earns one more PER of full one year.”

The judge remarks that the obvious purpose of rule 10(5) of the Rules is to give sufficient opportunity and time to the superseded officer to improve and bring to an end the reasons on the basis of which the deferment took place.

Therefore, the judge states, the consideration for promotion of superseded officer must be from the date of supersession decision by the CSB so that he/she could know the reasons for supersession and may improve in one year if possible for his/her promotion in the next meeting of the board.

Justice Sheikh says this court is mindful of the fact that the CSB comprises of high personage with a variety of experience, however, the promotion of civil servants in accordance with law for the advancement of their career is of paramount importance for good governance, otherwise, their commitment to the job, dedication to duty and even integrity may be affected.

Setting aside the impugned decisions of the CSB, the judge has directed the respondents to reconvene meetings of the board to reconsider the cases of the petitioners for promotion.

“The CSB shall, however, act strictly on the basis of record and in accordance with law including the relevant rules,” the verdict concludes.

Published in Dawn, December 28th, 2021