ISLAMABAD:
Supreme Court’s Justice Muhammad Hashim Khan Kakar has remarked that civil servants are not bound to follow illegal orders even if they come from the prime minister.
Justice Kakar made this remark on Tuesday while heading a three-member bench hearing the review petition filed by former minister for petroleum and natural resources Anwar Saifullah Khan in the Oil and Gas Development Company Limited (OGDCL) illegal recruitments case.
Anwar was convicted by a trial court, an order that the Lahore High Court (LHC) set aside in 2002.
However, the SC in July 2016 termed Anwar responsible for the appointment of 145 people in the OGDCL as it set aside the LHC verdict.
The SC verdict said in his capacity as a federal minister, Anwar Saif Ullah Khan forced his will upon a reluctant OGDCL chairman and got 145 persons appointed to various jobs after relaxing the relevant rules to please his political friends in the parliament. The former minister later filed a review petition.
During the proceedings, counsel for the NAB the prosecution in the casestated that Anwar had instructed the then OGDCL chairman to issue appointment letters.
Justice Kakar observed that there is a proper procedure for appointments, including advertisements, adding that this is not a monarchy where orders are simply issued. The NAB lawyer said the former minister’s principal staff officer had written that there was parliamentary pressure for jobs.
Justice Salahuddin Panhwar, a member of the bench, remarked that people do ask ministers for employment. Justice Kakar reiterated that civil servants are not obliged to comply with illegal orders.
The NAB counsel said civil servants face repercussions if they refuse such orders, adding that overstaffing had taken place in the OGDCL. Justice Kakar noted that overstaffing exists in every government institution and suggested comparing PIA with international airlines.
Justice Ishtiaq Ibrahim, the third member of the bench, observed that at the time the recruitments were made, the NAO, 1999 was not in place.
