SC disposes of petition of Sindh govt for seeking provision of federal officers to province after getting assurances from AGP
ISLAMABAD ( Web News )
The Supreme Court of Pakistan disposed of a petition of the Sindh government for seeking provision of federal officers to the province after getting assurances from the Attorney General for Pakistan (AGP) Barrister Khalid Jawed Khan.
A three-member bench, headed by Chief Justice of Pakistan Justice Umar Ata Bandial, heard the petition. During the hearing, the AGP informed the bench that actual issue in the matter was the availability of officers. He pointed out that not enough number of officers were available with the federal government.
The AGP argued that Rule 15 of the Civil Service Rules could not be denied. According to the rule, 25% of the officers were to be provided by the federation but the real issue was the availability of officers, he added. “If officers are not available, how can they be given to the provincial government?”
AGP Khalid Jawed Khan further said that the Sindh government had already been given more officers than Punjab, which was a bigger province but due to shortage of officers, the rules could not be followed.
However, he also pointed out that the Sindh government was not releasing the officers, whose term in the province had expired. Sitting on the bench, Justice Syed Mansoor Ali Shah told Sindh Advocate General Salman Talibuddin that even the Sindh government was not providing the remaining 75% of the officers.
The chief justice asked whether the Supreme Court could make an order under Article 184(1) of the Constitution. The chief justice further asked what would happen if the Supreme Court gave the order but there were no officers.
The AGP replied that implementation of the Supreme Court order would be mandatory, adding that if the court gave the order, officers would be provided from other provinces. The chief justice then said that the court could give its opinion but could not rule on the matter.
However, the AGP said that the government would also be bound to follow the opinion of the Supreme Court. The AGP said that he had given a detailed reply to all the letters of the Sindh government on the issue. The court disposed of the case on the assurance given by the attorney general.