ISLAMABAD: Another aspect of differences between the institutions has surfaced after Sialkot incident. Provincial Civil Services Association (PSA) has formally issued a statement against Chief Secretary Punjab in which Media Advisor to the Chief Minister Punjab Firdous Ashiq Awan has condemned for the treatment meted out to the Assistant Commissioner Sialkot.
The association said in a statement issued on Monday that officers from the provincial services were with the provincial government and province not be blackmailed by the any federal services and its key representative (chief secretary) through such an incident. A leading daily published detailed report about this conflict.
The Assistant Commissioner of Sialkot was publicly reprimanded by Firdous Ashiq Awan on Sunday. She belongs to the Pakistan Administrative Service (PAS), and according to the Provincial Services Association, the federal administrative service has usurped the rights of provincial service employees by occupying their positions.
The Provincial Service Association did not condemned the Sialkot incident in the statement.
Reacting to the Sialkot incident, Punjab Chief Secretary Jawad Rafique Malik had said that the treatment meted out to the administrative officer at Sialkot’s Ramzan Bazaar was reprehensible. He said that Assistant Commissioner Sonia Sadaf and other administrative officers were on the front line despite the scorching heat and Corona epidemic.
“It is unacceptable to use immoral language with any officer or staff,” he said.
The Association, which represents the provincial services, had formally approached the Prime Minister Imran Khan last year and demanded that the chief secretaries of all the provinces be removed and replaced by provincial civil servants.
All Pakistan Provincial Civil Services Association also conveyed its opinion through tweeting the Prime Minitser and other higher authorities.
DMG/PAS in Provinces violate Articles 97, 139,137,129, 240, 242 & 121 & usurp Provincial Constitutional authority & PMS.
After the meeting of the All Pakistan PMS Officers Association, the coordinator of the association, Tariq Mehmood Awan, had written a letter to the Prime Minister indicating that under the constitutional scheme, the Chief Minister has the power to appoint the Chief Secretary. Not the Establishment Division Islamabad. Therefore, the notification of appointment of Chief Secretaries appointed by the Establishment Division in the four provinces should be withdrawn as it is unconstitutional and illegal and only the concerned provincial government can appoint the Chief Secretary and this is the spirit of the Constitution and the law.
Accordingly, the Prime Minister was told that it was clearly written in the constitution that using federal power in provincial affairs was a violation of the constitution.
The letter said that the appointment of the Chief Secretary by the Establishment Division was tantamount to exercising the authority of the provincial executive and was unconstitutional.
The Provincial Civil Servants Association is of the opinion that the post of Chief Secretary falls under the legal control of the concerned Provincial Assembly. This means that the provincial executive authority can go as far as the provincial assembly legislates. This makes it clear that the post of Chief Secretary is subordinate to the Provincial Executive Authority as it is a provincial post.
The letter, written last year, referred the Article 129 of the Constitution and said that it was the job of the provincial government to use the executive authority of the province, which consists of the chief minister and provincial ministers, and the chief minister directly or through provincial ministers.
The letter said that the Chief Minister of the province has the legal and constitutional authority to appoint the Chief Secretary in the province.