Angry Pakistanis turn against army

[AgNoStiC MuSliM]

Apologize for going a bit off topic, but speaking of the FPSC being undermined by Aziz - I came across this encouraging development:

PM’s powers to promote senior officials cut by FST​

Saturday, January 12, 2008
By By Ansar Abbasi

ISLAMABAD: In an extraordinary decision, the Federal Services Tribunal (FST) has rejected the prime minister's unfettered exercise of discretionary power while making promotions to BS-22 in the civil bureaucracy, and directed the authorities to make new rules so that such an authority of the chief executive should be exercised fairly, judiciously and indiscriminately.

In a police promotion (BS-22) case of 2005, challenged by a senior BS-21 officer who was superseded by the prime minister while promoting his juniors without assigning any reasons and despite his better career profile, the FST directed the government that the appellant's case should again be placed before the prime minister for BS-22 promotion.

Sources in the bureaucracy say that this FST's decision, handed down last month, if implemented across the board on cases similar to that of the appellant, it would question the promotion of almost all the serving and innumerable retired BS-22 officers of the civil bureaucracy. These sources said during the last five years most, if not all, of the BS-22 promotions in the civil service were made in a whimsical manner and without assigning any reason to those superseded or deferred. In such a situation, all those who have been denied promotion during these years, could also get relief under the same FST judgment.

Regarding the prime minister's discretion, the FST said the government, being a respondent, conceded that there weare no codified rules as guidelines for promotion to BS-22. During the arguments, without saying it in so many words, the respondents implied that in 1999 rules were amended to bring the promotions to the posts in BS-22 in the purview of the prime minister's discretion.

"We do not consider that it is a satisfactory state of affairs," the FST observed, ruling, "The respondents would be well advised to prescribe guidelines for promotion to BS-22 also so that even if discretion is to be exercised at any stage, it is seen to be exercised fairly, judiciously, without favour and indiscriminately."

The appellant, Sajjad Ahmed Bhatti, former additional director general Intelligence Bureau and BS-21 officer of the Police Service of Pakistan, had approached the FST, challenging his supersession in May 2005. He contended that his juniors, the former IG Sindh Asad Jehangir Khan and former IG Frontier Rifat Pasha, were promoted to BS-22 without assigning any reason for his supersession.

Bhatti, who has now retired, argued that the prime minister had no legal jurisdiction to ignore him because under the rules it was the right of the civil servant to be considered for promotion. He added that he was ignored in an arbitrary manner and in utter disregard of promotion rules, although, he was fully qualified for promotion to BS-22. In case of supersession, the appellant said not only the reasons should be recorded but should be supported by tangible material. In his case, however, the prime minister did not take into consideration the relevant law while ignoring him and promoting his juniors. "No doubt, the competent authority has the discretion to promote a civil servant to BS-22 but such discretion is bound by reason and should be used in conformity with statute. It must not be arbitrary.î

The government, however, claimed before the FST that grant or refusal of promotion falls within the exclusive domain of the executive authority of the government. The respondents also contended that the prime minister was the competent authority for approving promotion to BS-22 and the decision was taken after taking into account the entire service record of the officers and comparison thereof. The respondentsí counsel also added that a civil servant cannot ask for promotion as a matter of right.

The FST ruled that the official record produced before the tribunal confirmed that the appellant's case was duly submitted before the prime minister along with a list of 26 officers of the Police Service of Pakistan in BS-21.

The tribunal said that ìcomparing the service record of the appellant as reflected in the panel pro forma, we find that the appellant's service record, ACR quantification, grading in staff college/National Defence College courses, etc, are as good, if not better, as of the two of his juniors who were promoted while ignoring him.

"Nothing adverse has been indicated to us by the respondents which could stand in the way of the appellant's promotion and no reasons have been recorded for not promoting the appellant. We, therefore, direct that the appellant's case be again placed before the prime minister for promotion to BS-22," the tribunal directed.
http://thenews.jang.com.pk/arc_news.asp?id=6

 

[EagleEyes]

Please avoid the words like Butt-licking and so on. These words may be too graphicaly for some, and stop attacking users. Its been said. Attack the message not the messenger.

This is a warning to all. Abide by the rules and lets not turn ourselves into name callings - because anyone can do that. Really!

But only a few can debate.

Thanks.

 

[Tiki Tam Tam]

It is very decent of Webmaster to put a stop to unjustified and off the cuff derogatory remarks caused by frustration that start the problem.

It is very true that one should debate, even though, as Webmaster states, very few can debate!

 

[MOSABJA]

I am also against ARMY's interference in politics.I hav even heard some people saying that we would get rid of this occupying army when an outside force comes and kill them.


These kind of views by some PAKISTANIS is really WORRY SOME.Solution to the problem.

1)Army stop interference in politics.

2)Army's hih command stop getting LUXURIOUS apartments and lands.

3) Army stop operation in FATA and go for a poltical solution

 

[AgNoStiC MuSliM]

MOSABJA:

Welcome to Defence.pk, and please introduce yourself in the Members Intro section

I am also against ARMY's interference in politics.I hav even heard some people saying that we would get rid of this occupying army when an outside force comes and kill them.


These kind of views by some PAKISTANIS is really WORRY SOME.Solution to the problem.

1)Army stop interference in politics.

2)Army's hih command stop getting LUXURIOUS apartments and lands.

3) Army stop operation in FATA and go for a poltical solution

Those advocating your first opinion have a very short memory. They are also extremely shortsighted in that the world, and our neighborhood especially, is not populated by a bunch of angels who would simply respect Pakistan's sovereignty were it not to have a strong military. People who make that argument are simply intellectually dishonest, and have no capability of dealing with real world issues in a pragmatic fashion.

The problem in Pakistan is a lack of balance in powers between the different branches of government. The politicians have never hesitated to use the Army and intelligence agencies to persecute their political enemies, and they have (because of their ineptitude and corruption) created conditions in the country where people have themselves welcomed military takeovers.

However the current COAS is making a strong effort to reduce the role of the Army in politics, but in the same token, politicians have to distance themselves from it as well. The two ex-PM (BB and Nawaz) were (and NS still is) talking of the PM retaining the powers to appoint the services chiefs etc. Since the president in Pakistan has typically been somewhat removed from the political wheeling dealing, such powers are better left in his hands.

With respect to the military getting lands and apartments - they do that from their own resources, from what I know the lands that are already in the Military's possession. However the argument has been made before that such perks should not be allowed, or reduced - but that is for the institution of the military to decide. If a private company wants to give its executives hundreds of millions of dollars in retirement packages, that is their prerogative.

That argument also ignores the fact that the politicians have done nothing better themselves (and are these people asking for someone from outside to come in and kill the politicians too?), in fact while the Army has specific policies regarding "perks" that it meets from its resources, the politicians scam the money from the public exchequer and build mansions and industries for themselves - so to ignore the actions of politicians while making this argument is dishonest.

About attempting a "political solution in FATA" - What do you think the "deals" with the Taliban, that Pakistan was criticized for in the West, were if not an attempt at a political solution? Remember that the suicide attacks on the military started after the terrorists in the Lal Masjid were killed, which was nowhere in the Tribal Areas. The Army's actions were a reaction to that. The militants unilaterally ended the peace agreements after the LM incident, so it is completely dishonest to suggest that the GoP has not pursued a political solution. The demands from the militants are what are unacceptable.