The Supreme Court on Monday warned the government it was 'running out of patience' on its stubbornness for not removing DG FIA on the third consecutive order of the apex court. The court had ruled to relieve all the officers, re-appointed on contract basis after reaching the age of supererogation, especially in disciplinary forces, including DG FIA, who was declared unfit for the job by the Supreme Court.
A four-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry while resuming the hearing in huge corruption during Haj 2010, maintained that "the court is being forced to give a strong verdict in case of contract employees." Justice Chaudhry said if a judicial order was passed, the officers would have to return all their perks and privileges. The government should review the reemployment case of DG FIA and avoid pushing the court further to the wall.
The government lawyer Abdul Hafeez Pirzada said that the government didn't want to remove DG FIA Waseem Ahmed and that it would rather defend his case in the court as it thinks that he is doing the job to the satisfaction of the executive. Justice Chaudhry remarked that the government should not make mockery of the apex court orders. If Inspector General Police Sindh - one of the contract employees, can be removed being on the same plank, there should be no hurdle in removing DG FIA. The CJP said the government was giving an impression that it implements court orders wherever it suits the authorities.
When Pirzada said that the case would affect the bureaucracy across the country, the CJP replied that it would strengthen the bureaucracy, instead of hurting. The court, he added, will announce its decision after completion of arguments.
The bench told the government that enough is enough and those reemployed on cadre posts (permanent posts) in violation of Section 14 of the Civil Servant Act, 1973 after reaching age of superannuation should be dealt according to law, seeking a progress report by next hearing.
It also directed a three-member committee constituted on the prime minister's directives to continue its process of re-examining all such cases including DG FIA. The court ordered Assistant DG FIA Syed Javed Hussain Bukhari to go ahead with the probe without being influenced since serious allegations had been levelled against sitting ministers and their deputies.
Secretary Establishment Division Abdur Rauf Chaudhry was also directed to furnish and submit a certificate testifying that the list of the reemployed was final and no other person was reemployed on contract on cadre posts after retirement.
Pirzada apprised the court about preliminary objections over contractual employment case, adding that instant proceedings did not pertain to the enforcement of any fundamental right in general or Article 9 of the Constitution as it was beyond the scope of Article 184 (3). He said no fundamental right was available to a government servant for demanding promotion rather it was the entitlement to be considered for promotion. Pirzada contended that no person came forward showing indignation on the reemployment decision after superannuation.
He said the subject matter falls within the executive domain as per the mandate of the Constitution and it did not come within the ambit of judicial power under Articles 184 or 199 of the Constitution. He said the decision was taken by federal government after evaluating the performance of persons reemployed on contract. The hearing was adjourned till April 8.