A brief account of the case is that Sharif Awan, then a grade 19 officer, joined back at the FBR Headquarter on 15-08-2011 after completing a deputation period with the TCP/Ministry of Commerce. He duly applied for the IJP/Performance Allowance as per procedure which provided for an interview by a Selection Committee. The then FBR administration failed to constitute the requisite committee for good about 7 years despite written requests made by the officer from time to time. In the meanwhile, the officer was posted at different positions including Commissioner Inland Revenue, Director Internal Audit Hyderabad and Director Training at Karachi. His performance was such that he earned very good PERs and Annual Rewards etc from time to time and also got promotions to next grade 20 and subsequently to grade 21.

The previous FBR administration, however tried to implicate him into some illegal, bogus and un-authorized disciplinary proceedings which died of its own death and were subjected to due litigation before the higher courts.The officer stated that he joined civil service through CSS 1985 batch and in the entire 35 years of his service, having worked in various organization including Ministry of Foreign Affairs, Government of Sindh, PSM, and TCP (Ministry of Commerce), he was never implicated in any corruption case, be it NAB, FIA or any anti-corruption organization.

The officer, who appeared in person, submitted to the apex court the miseries that he had to face in shape of illegal proceedings, delayed promotions, financial loss and above all the mental torture to him and his family.

The court after listening to both the parties, dismissed the CP No. 3587 of 2019 filed by the FBR declaring it an activity "merely to linger on the proceedings and keep increasing the miseries of the Respondent in order to deny him the legitimate right.... ".

The honorable court further ordered that "... while dismissing this petition, we impose a cost of Rs 10,000/- on the petitioners to be deposited with Additional Registrar (Judicial) of this court for its onward payment to the Respondent..."

Copyright Business Recorder, 2020