ISLAMABAD: The Pakistan Information Commission (PIC) has directed the Establishment Division to make public details of bureaucrats who have failed to submit their mandatory asset declarations as required by law.
The decision has come after a citizen filed a request seeking information on the number of government officers who have not complied with the asset declaration rules.
On February 7, 2024, Saddia Mazhar requested the Establishment Division for information about compliance with Rule 12 of the Government Servants (Conduct) Rules 1964, which bound civil servants to submit annual declarations of their assets and liabilities.
Specifically, she sought details about the officers from Pakistan Administrative Service (PAS), Police Service of Pakistan (PSP), Secretariat Group (SG) and Office Management Group (OMG), who had submitted their declarations for the year 2020-2023 and those who had failed to do so.
PIC tells Establishment Division that providing number of officers does not infringe on personal privacy
Ms Mazhar also asked for the number of officers whose promotions had been halted due to non-compliance with asset declaration requirements. Additionally, she inquired about any actions taken against officers who consistently failed to submit their declarations.
The Establishment Division did not respond to the request within the legally mandated timeframe, prompting Ms Mazhar to file an appeal with the Pakistan Information Commission.
The Establishment Division later provided data on the total number of serving officers across the four groups, revealing that 2,944 bureaucrats were employed nationwide, including 947 in PAS, 931 in PSP, 440 in SG and 626 in OMG.
However, the Establishment Division refused to disclose the number of bureaucrats who had not submitted their asset declarations, citing exemptions under the Right of Access to Information Act 2017. They argued that this information was protected under Section 7(g) and 16(c) of the Act, which pertained to protecting privacy and sensitive information.
Ms Mazhar contested the refusal, clarifying that her request did not seek the names of individual officers, but only the total number of officers who had submitted or failed to submit their asset declarations. She argued that under Rule 13-A of the Government Servants (Conduct) Rules 1964, the Establishment Division was obligated to publicly disclose the asset declarations of all civil servants.
Rule 13-A explicitly states: “The assets of all those who are paid from the government exchequer shall be made public.”
PIC agreed with Ms Mazhar’s stance, rejecting the Establishment Division’s argument that disclosure would violate privacy or fall under the exemptions of the Right of Access to Information Act 2017. In its decision, PIC said that providing the number of officers who submitted or failed to submit their declarations did not infringe on personal privacy.
It also ordered the Establishment Division to release the requested information by September 18, 2024. The ruling marks a significant step in enforcing transparency within Pakistan’s civil service, especially regarding asset declarations and compliance with government rules.
Published in Dawn, September 13th, 2024
