Tariq Mahmood Awan
Administrative Federalism is the fundamental part of the constitution of the Islamic Republic of Pakistan. It simply means to implement the administrative part of federalism between federal and provincial governments. As, there is clear division between the legislative branch of the government; therefore, there must be a clear division between the executive parts of the federal and provincial governments. Federal and provincial executive must remain in their legislative framework to implement the the respective governmental legislations, rules and policies.
Pakistan does not implement the administrative part of federalism. Therefore, I have written a letter to the respected chief minister of the province of Punjab to implement the administrative part of federalism.
The text of the letter is below: It might enlighten the readers about the issues of administrative federalism in Pakistan.
To Chief Minister
Punjab
Subject: Illegal Affairs of S&GAD & Discrimination Against PMS Officers
Respected Madam,
Pakistan has a coded administration, which means that it will be run according to coded laws. Out of the three organs of government, I want your attention to the executive branch. Pakistan has a federal parliamentary constitution, so powers are distributed between the federation and provinces. At the same time, the legislature will derive both parts of the executive, i.e., political and executive.
I am writing about the executive anomaly in the Punjab province concerning civil services. Let’s draw it.
Madam, as a matter of constitutional principle, you were elected by the Punjab Assembly as the head of the political executive. Then, how can the chief secretary come from the federal government as a bureaucratic head of the province of Punjab? As a matter of constitutional principle, both the chief minister and chief secretary must come from the Punjab Assembly. With it, the chief secretary will be answerable to the chief minister and provincial assembly as a principle of federal parliamentary governance. Furthermore, If an MNA can’t become the chief minister or even an MNA can’t be part of the provincial cabinet, how come federal PAS officers become chief secretaries or secretaries? The fundamental scheme of the Pakistani federal parliamentary constitution is that political and bureaucratic executives must come from the same legislature.
Therefore, the appointment of federal PAS officers in the province of Punjab is against the constitutional scheme of parliamentary federalism. Furthermore, article 240 b empowers the Provincial government to control all provincial posts, including that of chief secretary, and the federal government can’t extend its federal executive authority on these provincial posts, according to Articles 97 and 137 of the constitution of Pakistan.
Apart from their unconstitutionality & fraudulent origin from CSP, Rules 1954, their white-collar crimes in civil services are a confirmed case of investigation. Accordingly, I will put forward a few fraudulent, unconstitutional & illegal documents about the placement of DMGs/PAS in the province of Punjab. (copies enclosed)
1. PAS/DMG officers are posted in provinces through a fraudulent agreement which never existed. Furthermore, the so-called agreement, supposedly reached in 1949, is illegal and unconstitutional to Pakistan’s present federal constitution, especially after the 18th amendment.
2. Apart from the unconstitutionality of PAS posting in the province of Punjab, PAS has only 47 seats in the Punjab. Still, it holds 441 seats forcefully despite the court suspending the cadre’s schedule.
3. Provincial Management Service PMS is the service of the province of Punjab, as well as the services and general administration department S&GAD, according to the rules of business of the government of Punjab. Then, how can federal PAS occupy posts of S&GAD?
4. This example shows how S&GAD’s affairs are being managed through fabrication. S&GAD is posting officers under section 9 of the PCS Act 1974; how can federal officers come under the PCS Act when they must fall under the Federal FCS Act?
It is very interesting to note that the caretaker government amended section 9 of the PCS Act 1974 in defiance of the High Court judgement. Despite a four-month lapse, S&GAD still uses the obsolete ordinance to favour their blue-eyed officers on higher posts.
5. Furthermore, erratic deputation and OPS postings are being executed without lawful authority and in violation of Supreme Court judgements.
These are a few examples of how S&GAD is violating the rules, regulations, laws, and even the constitution to benefit the officers of PAS. The Chief Secretary, Additional Chief Secretary, and Secretary Services of S&GAD run the affairs of S&GAD, and they are only responsible for deceiving the political executive of the province of Punjab. As all of them are Federal PAS officers, they always manage the posting of PAS officers through the principal secretary and CM secretariat while neutralising all the promotions and postings of PMS officers.
Their manoeuvring and advantage in retaining top positions often discriminate against the province’s legitimate service, PMS. For instance, PAS officers are consistently promoted over equally or more qualified PMS officers. This unfair treatment leaves PMS officers disconnected from the government, while PAS officers exploit their positions, leading to the ruin of PMS. As PMS’s fall is their rise, this situation is profoundly unjust and needs immediate attention. The plight of these dedicated officers, who are losing faith in their service due to this discrimination, should not go unnoticed.
It is crucial, Madam, that we implement the law on the S&GAD, develop meritocracy in its affairs, and protect the rights of the provincial service, PMS, which is also your civil service. The current situation is not only undermining federalism, good governance, and provincial political empowerment but also causing disillusionment among PMS officers, who are losing interest in their service. Your intervention is vital to rectify this situation. As the Chief Minister, your actions can bring about the necessary changes to restore the integrity of our civil services. Your leadership and influence can make a significant difference in this matter.
Therefore, I urgently request your honour to form a committee of legislators to investigate the fraudulent, illegal, and unconstitutional placement of DMG/PAS officers in the province of Punjab. It is crucial to find out the extent of discrimination and violation of PMS officers’ rights and to take corrective action promptly. The longer this issue persists, the more damage it will cause to the integrity of our civil services. Immediate action is necessary to prevent further harm to our civil services.
I stand ready to provide any and all information regarding PAS’s lawlessness in the affairs of the S&GAD. Please take this matter seriously and initiate the necessary steps to address these issues promptly.
Tariq Mahmood Awan PMS
Association of Administrative Federalism, Pakistan
mahmoodtariqq81@gmail.com
Therefore, it is significant to implement the administrative part of administrative federalism in order to ensure constitutional and executive alignment along with ensuring good governance and service delivery.
