Tariq Mahmood Awan, a civil servant of the Provincial Management Service PMS writes a letter to the incumbent Chief Secretary and explains that not only he is posted illegally but also he is managing a meritless Punjab Bureaucracy. He explains that article 5(2) of the Constitution of Pakistan states that Obedience to the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan. The judgement in Anita Turab’s Case further accentuates that civil servants should only obey legal and constitutional orders. Therefore, under article 5, read with constitutional, legislative and delegated law, it is his constitutional obligation to defect illegal, unlawful and discriminatory orders of chief secretary. Furthermore, most of the orders are issued in contempt of court; therefore, getting them withdrawn is legally a sacred right.
He further asserts that the state’s founder, Mr Muhammad Ali Jinnah, paved the way for All civil servants to be servants of the state. Thus, the terms and conditions of civil servants are regulated by the Constitution, law and rules, not personal discretion. There is no discretionary authority, as it is a state, not a personal fiefdom. Let’s begin with your appointment!
The chief secretary post is connected with a province’s affairs under Article 240 (b) and has provincial legislative, executive and financial authority. Then, how can Mr Zahid Akhtar be posted as chief secretary, being a federal civil servant? He writes that CS is posted relying on a fraud agreement that was never reached between the federation and Provinces. With this, he refers to the order of the Chief Information Commissioner, Islam Abad, in his appeal. Hence, he concludes that appointment orders of Zahid Akhtar as chief secretary are an extension of a fraudulent agreement.
Furthermore, appointment order bears section 10 of the Federal Civil Servants Act, 1973. How can the Federal Civil Servants Act extend to a provincial post of a chief secretary? It is a joke in a federation. Moreover, According to article 240 (b), read with PCS Act, 1974, it is only the prerogative of the provincial government to appoint a civil servant to a provincial post. Hence, the whole process of appointment is unconstitutional and based on a fraudulent agreement. The rules of CSP service were framed without enactment in 1954 when Pakistan was without a constitution.
He further writes that it does not discontinue here. The post of chief secretary is a grade 22 post, and present CS was posted while in grade 21. The August Supreme Court has already declared erratic posting unlawful. Therefore, despite being posted unconstitutionally and fraudulently, he is also erratically posted in complete denial of August SC judgements.
Therefore, the civil servant namely , Tariq Mahmood Awan, does not take posting of present chief secretary as legal, constitutional or even moral. Furthermore, the PAS officers’ postings are unconstitutional. Then, chief secretary leads them as a Battalion and illegally occupy provincial posts, which otherwise are a constitutional right of PMS officers. Then, how can he be posted as Chief Secretary? He is posted under a special defacto law that is called ” possession law”, which is the 9/10 of law in weak states; therefore, it is the only merit of his appointment. However, it is different from the back-and-forth here. The representation here is, what is the law to appoint civil servants in Punjab and subsequent posting of the applicant? Tariq Mahmood Awan further wants to refer to a few cases out of his constitutional obligation. The post of Deputy commissioner, Lahore, is of grade 20; under what law has CS posted a DC of grade 18? How can CS post a grade 17 officer as secretary PCBL? Under what law has CS posted grade 18 Deputy commissioners of divisional headquarters when the posts are of grade 20? Then, under what law have CS posted grade 18 officers on grade 20 posts of director generals of various organizations in Punjab?
Awan explains further, that, ex-cadre postings are declared unlawful by the August Supreme Court. Then, under what law ex-cadre secretary of the Information Department is posted? With this, CS office is committing contempt of court and denying the constitutional governance scheme.
He further asserts that he filed a petition to CS office on the 10th of February, 2023, that with the completion of 12 years of service, he should be posted as Additional Secretary. The PMS schedule, read with the rules of business of S&GAD, warrants a PMS officer to be posted as an additional secretary. He further writes that, rather than posting me as an additional secretary, CS has posted me as an additional deputy commissioner when my juniors, even in the PMS cadre, are posted as deputy commissioners. Article 27 of the Constitution and other fundamental rights guarantee non-discrimination in services. Then, how can CS post me on a junior post when my juniors are posted as deputy commissioners? Is this not discrimination? It is not only a denial of my right to be posted as an additional secretary but rather a callous act of discrimination, asserted by the Awan.
He further writes to chief secretary that I am a PMS officer, so you and your clan will continue discriminating against me. As you and your clan PAS have no legal, constitutional or moral right to reserve a provincial post, you are left with no choice but to discriminate against PMS officers. Then, I am facing acute discrimination by you, and your clan, whom I believe are illegal occupiers of provincial posts. I have been president of PMS officers Association, Pakistan and am currently head of the association of administrative federalism, Pakistan, which represents the provincial civil services of Pakistan. Therefore, your desire to discriminate against me is insatiable. Coming back to the point, I filed more than twenty-five representations to your office. But your office has yet to respond, as you and your clan believe you are all above the law and Constitution. I have filed representation on each fraudulent paper of your and your clan’s existence in the province, and your only response is to discriminate against me. Do you and your PAS clan believe you can silence me through these discriminatory acts I have been facing in particular, for the last four years ?
He continues writing that personal and structural discrimination does not bother me. Importantly, I will continue implementing laws and the Constitution on civil services. You can not discriminate against me. Your posting is unconstitutional and fraudulent, as with all PAS officers. Furthermore, your office and yourself have also abused the Chief Secretary’s authority by posting majority of civil servants without merit. Then, it is understandable when you are posted without merit; how can you post civil servants on merit? Moreover, my posting orders as ADC (G) are discriminatory and illegal. Therefore, I refuse to accept them under article 5, read with all laws and August Supreme Court judgements. Hence, my orders as ADC (G) may be withdrawn, and I may be posted as an additional secretary or in any post of grade 19.
Lastly the civil servant, namely Tariq Mahmood Awan asserts that, he would instead love to resign than obey a discriminatory, unconstitutional and fraudulent system. Nevertheless, he shall always resist a system where only corrupt, dishonest, and wicked civil servants thrive. His last line in the letter to chief secretary states that, before getting infuriated at my contention, ask your conscience if you really appoint civil servants on merit in Punjab.
