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Waqar Abro Friday, September 07, 2012 02:22 AM

Sindh Civil Servants Ordinance 2012
 
[CENTER][I][B]Qaim gets powers to promote, appoint officials

[/B][/I][LEFT][B]KARACHI: The Sindh governor on Tuesday promulgated an ordinance amending the Sindh Civil Servants Act, 1973 and empowering the chief minister to appoint retired and federal officials and give out-of-turn promotions in an apparent preemptive move to protect the more than 50 senior police officers whose professional career is being questioned by the Supreme Court, which has granted the government a last chance to review the cases within three days.[/B]
With the new promulgation in place, analysts say the Sindh chief secretary may find a plea when he appears before the apex court on Thursday and refer to the amended ordinance under which he is no longer mandated the task that now falls under the chief minister’s authority.
“Ordinance called the Sindh Civil Servants (Amendment) Ordinance, 2012 shall come into force at once,” said the draft of the ordinance, elaborating amendment to different clauses. Among others, critics see the amendment to Section 9-A of the ordinance as crucial, which came under a detailed discussion during the recent hearing by the Supreme Court regarding the non-implementation of a court order in out-of-turn promotion cases in the police department.
“In the said Act, for Section 9-A, the following shall be substituted,” said the amended ordinance draft, adding: “9-A. Notwithstanding anything contained in this Act or any other law for the time being in force or any judgment of any court, a civil servant who proves and exhibits the act of gallantry while performing his duties or very exceptional performance beyond the call of duty, may be granted out of turn promotion or award or reward by the government (CM).”
The Supreme Court said on Monday that the chief secretary and the acting chief of the Sindh police had completely failed to satisfy the court over the delay in implementing the verdict on out-of-turn promotions in the police department, and granted them a last chance to review the cases of the 56 officers within three days.
Promotions were given to dozens of policemen as a reward for gallantry under Section 9-A of the Sindh Civil Servants Act, 1973, mainly in 2002. The officers were accused of receiving “shoulder promotions” out of favouritism and in violation of the law. Though the police authorities reverted more than 5,000 officers in compliance with the court orders, the SC directed the chief secretary to review within three days the cases of the remaining 56 officers now serving in grades above grade 17 of the basic pay scale.
Apart from the out-of-turn promotions, it appears that the provincial government has tried to protect the interests of those federal government servants whose services were transferred to the Sindh government as this trend off and on comes under question from both by the judiciary and senior officials.
“In the said Act, after Section 10, the following new section shall be inserted,” it said, adding: “10-A. (1) notwithstanding anything contained in this Act or any law in force or any judgment of any court, the government (CM) shall have and shall be deemed to always have had the power to appoint any person on a deputation basis, who is a civil servant as defined in this Act or the Federal Civil Servants Act 1973 or is in the service of the Federal Government or autonomous, semi-autonomous body, corporation or any organisation set up, established, owned, controlled or managed by the government or as the case may be the Federal Government against any post, in any cadre, in the civil service of the province or in connection with the affairs of the province.”
The amendment also allows the government to induct retired officials at any position in the provincial organisational structure, though it does not define any reason for such immediate and lengthy amendments in the key services ordinance.
“In the said Act, in section 14, after sub-section (2), the following new sub-section shall be added,” said the draft, adding: “(3) Notwithstanding anything contained in this Act or any law in force or any judgment of any court, the government (CM) shall have and shall be deemed to always have had the power to appoint any retired civil servant, whose service, in view of his expertise, are required by the government in the public interest, for a period as deemed appropriate by the government (CM).”


Source: [URL]http://dawn.com/2012/09/05/ordinance-seen-as-preemptive-move-qaim-gets-powers-to-promote-appoint-officials/[/URL]



Now a teacher can be dsp in police.

What do you think, would this ordinance not ruin administration,governance and civil service structure?


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drvalentino Friday, September 07, 2012 03:08 AM

PPP and MQM are going to destablise the country.I have a fear of Marshal Law in mid of 2013.

Kamran Friday, September 07, 2012 09:24 AM

Sindh Civil Servants Ord challenged in SC
 
Staff Repot

ISLAMABAD: Sindh Civil Servants (Amendment) Ordinance 2012 was challenged in the Supreme Court on Thursday.

The petitioner, Mahmood Akhtar Naqvi, moved the petition under Article 184(3) of the constitution. He stated that promulgation of the ordinance was in violation of the court’s order on out-of-turn promotions, and requested the apex court to proceed against those responsible. He complained that the ordinance was promulgated at a time when the Supreme Court was hearing pleas against out-of-turn promotions, which the government had made in defiance of the court’s order against such appointments, as well as against deputation postings in the Police Department.

The petitioner argued that no law could be made that was contrary to the fundamental rights guaranteed under the constitution.

[url]http://dailytimes.com.pk/default.asp?page=2012\09\07\story_7-9-2012_pg7_4[/url]

Fakhar Balouch Friday, September 07, 2012 10:19 AM

[QUOTE=drvalentino;475354]PPP and MQM are going to destablise the country.I have a fear of Marshal Law in mid of 2013.[/QUOTE]

you are right sir there is a chance of martial law in coming days because the election would be not fear

riaz ali maitlo Friday, September 07, 2012 12:10 PM

things are getting worst in sindh. For PPP there is no law. through this ordinance now there will be no difference b/w a commissioned officer and a political appointy. Teachers, nurses, doctors, bank employs can became DC or secretary. PPP has remind us the period of " charbat Raja andheer nagry".

Invincible Friday, September 07, 2012 02:15 PM

[B]A piece of trash has been inked by contemptible people. [/B]:vangry

aadi khokhar Friday, September 07, 2012 03:01 PM

Such steps is the cause of PPP and MQM following in Sindh because they always suit the incompetent and less educated masses.I am a sindhi and i detest PPP and and MQM for they have litterally trampled the rights and efforts of competent and hardworking youngsters.

Babakhan Sunday, September 09, 2012 01:01 PM

I have already told the forum through my many posts that Sindh Govt. policies and tactics are entirely against officers and joining Sindh Govt. would not be less than a nightmare. To my utmost surprise, people joined Sindh Govt. resigning from CSS level posts and left their illustrious careers. In Sindh Govt. Promotions, postings and many other related issues are so informal and will become more pathetic after the issuance of two recent ordinances.

In the presence of Ammended Sindh Civil Services Ordinance(1973) and New Local Govt. Ordinance 2012, officers will merely be the FACILITATORS and there will not be any difference between Commissioned officers and clerks.

baloachpk Monday, September 10, 2012 03:17 AM

Mqm : The devil's own daughter
 
These two ordinances which are promulgated by the demonic and hellish nexus of MQM-PPP will destroy, dismantle and disintegrate, first the civil services and then the whole country. Shame on those who voted for MQM and PPP and are still backing this satanic creed!


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