Sindh govt expresses reservation on unilateral transfer of senior officers by fed govt
ISLAMABAD Nov 16, 2021
A new row between Sindh and the Federal government is cropping up over recent transfers of some senior officers including police officers from Sindh.
The Sindh government has expressed its reservation over recent transfers of PAS and PSP officers by the federal government and through a letter has reminded the federal government that such transferred can only be made after consultation with the concerned province.
The secretary, Services and General Administration Department of Sindh in his letter referred to the Establishment Division, Government of Pakistan’s notifications dated 09.11.2021, whereby four (04) PAS officers (BS-20) and seven (07) PSP (BS-20) officers have been transferred from and 04 PAS (BS-20), 08 PSP (BS-20) officers have been transferred to Government of Sindh, under the Rotation Policy, 2020.
The communication from the Sindh government says that the transfer to and from a province of federal officers is governed by the Civil Service of Pakistan (Composition and Cadre) Rules, 1954.
Consultation with the Provincial Government required
The Rule- 15 (v) of the said Rules states:
The transfer of an officer belonging to the Service from the Province to another or from the Federation to a Province or from a Province to the Federation shall be made by Federal Government in Consultation with the Provincial Government or the Government concerned.
The Sindh Government letter further states that the first proviso of Rule-I5 (iv) and Rule 15 (v), read together, define consultation. The Proviso and Rule 15 (v) which says:
“Provided that consultation will mean the Intimation of a name, or a panel of names of PAS officers to be conveyed to the Provincial Government concerned for such a posting, preferably in writing.
The rules necessitate consultation between Provincial Governments with regards to placement /withdrawal of services of PAS/PSP officers. However, recently the trend of transferring/withdrawing officers on the basis of Rotation Policy has gained momentum and that too without meaningful consultation. It is emphasized that the policies do not override rules which enshrine the spirit of consultation in such matters.
Approval of Fed cabinet for transfers
The letter further said, it is assumed that, as laid down in law, your office has obtained the specific approval of Federal Government (which means Federal Cabinet In the light of Mustafa lmpex case) before sending the Provincial Government the notifications regarding the PAS and PSP officers.
Sindh Cabinet to view transfer notifications
As per law, the Government or Sindh shall put up the matter before Provincial Cabinet in its next meeting. These transfer notifications will be viewed by the Provincial Cabinet as transfer proposals by the Federal Cabinet. The Provincial Government will get back to the Federal Government well within the time stipulated In Rule 15 (v) of the Civil Service of Pakistan (Composition and Cadre) Rules, 1954.