Chief Justice Criticizes Bureaucratic Control in Employment Cases

In a recent Supreme Court hearing led by Chief Justice Qazi Faez Isa, concerns were raised about the influence of section officers on government employment decisions. Chief Justice Isa emphasized that neither the Constitution nor the law can be dictated by such officers.

The hearing, focused on employment issues in Khyber Pakhtunkhwa, saw Chief Justice Isa assert that individuals meeting merit should be given opportunities without bureaucratic interference. He expressed frustration over the reliance on SROs (Statutory Regulatory Orders) issued by section officers, questioning their legitimacy and authority.

The defense lawyer disclosed that the SRO in question was issued by a section officer, which prompted Chief Justice Isa to criticize the practice. He recalled that the issuance of SROs by bureaucrats began during Zia-ul-Haq’s regime, leading to concerns about transparency and fairness.

Chief Justice Isa also challenged the notion of favoritism in hiring practices, particularly regarding the employment of bureaucrats’ children. He highlighted that such practices undermine meritocracy and stressed that government employees are entitled to pensions, which extend to their families.

The Additional Advocate General of Khyber Pakhtunkhwa cited Section 10A as the basis for these practices, but Chief Justice Isa dismissed this justification, calling for a merit-based approach.

The Supreme Court’s order directed the Khyber Pakhtunkhwa government to revoke any notifications that do not align with constitutional principles of equal opportunity, emphasizing the need for merit-based recruitment.