ealtaf
Minister (2k+ posts)
I would like to share something that just recently happened. I have received an email from this email id: [email protected] today. Text of the email is as shown below, have a look by yourself,
Dear Colleagues:
This is to update you on the recent confusion that is prevailing regarding appointments at HEC:
1. Since Aug 28, 2012 there has been extensive correspondence between the HEC and the Establishment Division as well as the PM Secretariat on the authority of the Commission to appoint the Executive Director as well as all other employees, including those on MP Scales. In each case the comprehensive legal position, decision of the Supreme Court as well as clear and unequivocal decision of the Commission has been conveyed.
2. As per the HEC Act, Section 11. Secretariat of Commission. -- (1) The Commission shall appoint an Executive Director in the manner prescribed who shall unless earlier removed on any of the grounds specified in sub-section(6) of section 6, shall hold office for four years and shall be responsible for the various activities of the Commission.
3. In spite of this absolutely clear wording of the law, the Chairman, HEC today received a notification from the Establishment Division stating that:
"Maj(retd.) Qamar Zaman, a BS-22 officer of Secretariat Group, previously posted as Secretary, Education and Trainings Division is allowed to hold additional Charge of the post of Executive Director, Higher Education Commission, with immediate effect and until further orders."
4 .Earlier, upon receipt of a letter from the Prime Minister's Secretariat asking the Commission to put the process of appointment of the Executive Director on hold, the Chairman HEC obtained legal opinion from Barrister Aitzaz Ahsan which concluded that:
"It is therefore recommended that the Commission respond to the letter in question by informing the Principal Secretary to the Prime Minister as follows:
a. The process of appointment of Dr. Naqvi is now complete and hence cannot be put on hold.
b. The letter of the Prime Minister will be treated by the Commission as a request to reconsider the decision to extend the term of Dr. Naqvi. However, in the meantime, Dr. Naqvi will continue in office.
c. Given that Dr. Naqvi has already taken up charge of his new term, the Commission lacks locus poenitentiae and cannot recall its earlier decision to extend his tenure."
5. Subsequently, on October 24th the HEC Chairman had received a letter from the Establishment Division written in response to a reference received by them from the PM secretariat. In this letter the Establishment Division declared all appointment on MP Scales by the Commission as ?illegal. "It was also noted that, ?the appointing authority in case of MP scales will be the Prime Minister"
6. The letter received from the Establishment Division (Ref. U.O.No.1/112/2002-E-6, dated October 24th, 2012) was placed in a special meeting of the Commission called to review the issue referred to in the letter, in its entirety. All communication on the issue received from the office of the Principal Secretary to the Prime Minister, as well as the Establishment Division, along with history of MP Scale appointments at the HEC and all other pertinent material was placed before the Commission. Legal Opinion received from Barrister Aitzaz Ahsan was also brought to the attention of the Commission.
7. Following detailed discussion in the Special Commission meeting, the Commission noted that:
a. The Commission is fully empowered under the HEC Act [Section 12. Recruitment of officers, etc.] to appoint officers, servants and advisors in the HEC.
b. The Commission is also empowered "to make rules for recruitment of its employees" [Section 12 (2)].
c. All appointments to the HEC, including those on MP Scales, are made by the Commission since its inception and notified to all offices of the Government. Thereafter, for the past decade, using the same process, the Commission has continued to appoint all officers who have fully interacted, within their legal ambit, with all offices of the Government of Pakistan without hindrance.
d. The Commission noted with concern that the Establishment Division has deemed it fit to declare the actions of the Commission as "illegal." The Commission does not find this declaration to be acceptable as the Commission has, at all times, acted within the ambit of the HEC Act. The Commission is of the view that all appointments to the HEC are within the domain of the HEC as an autonomous body.
8. In view of the above the Commission recorded its decision in the following terms:
"Decision: Following reconsideration of the matter, the Commission decided that the decisions taken in its 27th meeting were taken in accordance with the HEC Act. The Commission also decided that appointment of HEC employees, including those on MP scales, lie within the purview of the Commission."
9. It may also be noted that the Supreme Court in its Order given on hearing Constitution Petitions 33 35/2011, Prof. G. A. Miana vs the Federation of Pakistan and others had declared on April 13, 2011 that:
a. The HEC shall continue discharging its functions and duties as it had been doing in the past unless and until a fresh legislation is promulgated.
b. That the notification dated 31st March, 2011 shall have no effect on the function of the HEC in view of the provisions of the Ordinance, 2002 and in case of any conflict /in-consistency between the notification and the provisions of the Ordinance, the Ordinance shall prevail.
10. It is clear that the Commission has final jurisdiction on the matter of appointment of officers of the HEC on MP Scales. The Secretariat of the Commission is bound to implement this decision of the Commission. The Commission is, therefore, not in a position to implement the order communicated via the notification of paragraph 3.
11. An urgent request has been made for a meeting of the Commission with the Prime Minister. It is hoped that a meeting will be held at the earliest to resolve the matter.
We look forward to your support in this matter.
A Loyal Pakistani
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