Civil Servants Not Bound by Illegal PM Orders

Islamabad (Web Desk): Supreme Court Judge Justice Hashim Kakar has remarked that civil servants are not bound to comply with illegal orders, even if such directives are issued by the Prime Minister.

A three-member bench headed by Justice Hashim Kakar heard a case related to illegal recruitments in OGDC Ltd. During the hearing, the NAB prosecutor informed the court that overstaffing recruitments were carried out in OGDC Ltd.

It was stated that former federal minister Anwar Saifullah had directed the Chairman of OGDC Ltd to issue appointment letters, and job appointment letters were also sent through the office of the federal minister. The prosecutor added that the recruitment process should have been conducted through advertisements.

Justice Hashim Kakar observed that overstaffing exists in almost every government institution and reiterated that even if the Prime Minister issues illegal orders, civil servants are not obligated to follow them. In response, the NAB lawyer remarked that a civil servant who refuses to comply with such orders often faces serious consequences.

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Justice Hashim Kakar further remarked that Pakistan is not a monarchy where orders are simply imposed, adding that overstaffing is prevalent across government departments.

Justice Salahuddin Panhwar noted that members of the public often approach ministers seeking jobs. During the proceedings, it was also revealed that excessive recruitments in PIA eventually led to its privatization, and that the recruitments in question were made at a time when the accountability commission law was not in place.

Justice Ishtiaq Ibrahim observed that the concerned federal minister has already served his sentence. Justice Hashim Kakar questioned whether the stigma of conviction and completion of the sentence should be considered sufficient punishment.