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Islamabad High Court Nullifies Promotion Decision Based on Unverified Intelligence Reports
The Islamabad High Court overturns the Central Selection Board’s decision to deny a promotion based on unverified intelligence reports, calling it a violation of fundamental rights.
ND
by News Desk
2024-12-21
Islamabad High Court Nullifies Promotion Decision Based on Unverified Intelligence Reports

The Islamabad High Court has declared null and void the Central Selection Board's decision to deny promotion to an officer from Grade 20 to Grade 21, based on unsubstantiated intelligence reports. The court's ruling emphasized the lack of evidence and the violation of the officer’s fundamental rights, highlighting concerns over the reliance on intelligence reports without giving the officer an opportunity to defend themselves.

The court's decision came after the petition of Muhammad Tahir Hassan, who challenged the Central Selection Board’s August 1, 2023, decision. The board had superseded Hassan’s promotion despite his excellent career record from 1994 to 2022, recommending instead the promotion of an officer with lower marks.

Justice Sardar Ijaz Ishaq Khan, in his written judgment, criticized the Prime Minister for allowing such decisions to be made based on unverified intelligence reports. "How can a capable Prime Minister allow this to happen carelessly? How can he leave his bureaucracy at the mercy of such intelligence reports without evidence?" the judgment read. It further questioned how the Prime Minister expected his bureaucracy to effectively serve the government under such circumstances.

The court focused on the intelligence reports that led to the decision. The ISI report described Hassan as corrupt and unfit for working under pressure, while the IB report cited financial irregularities and a departmental inquiry. However, the court pointed out that these reports lacked solid evidence and contained vague terms like "reportedly," which raised questions about their authenticity.

Moreover, the court emphasized that Hassan had not been given a chance to defend himself against these allegations at the departmental level. The court called this a serious violation of his fundamental rights, as the intelligence reports were presented for the first time before the Central Selection Board, without any opportunity for clarification or cross-examination.

Justice Khan’s decision ordered the Central Selection Board to reconsider Hassan’s promotion under the Civil Servants Promotion Rules in its next meeting. He also directed that the board should disregard such intelligence reports in the future if they do not provide the officer with an opportunity to present their case.

Hassan’s case raises broader concerns about transparency and fairness in promotion decisions within Pakistan’s civil service. The court’s ruling marks a significant step in ensuring that such decisions are based on clear, verifiable evidence rather than unverified intelligence, which can undermine the rights of individuals and damage the credibility of the promotion system.

 
Tagged:

IHC

PakistanJudiciary

CivilServants

CivilService

FundamentalRights

PromotionJustice

IntelligenceReports
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