PROVINCE OF SINDH through Chief Secretary, Government of Sindh vs AHSANULLAH
This matter concerns a petition for leave to appeal against a judgment of the Sindh Service Tribunal, which had directed the Government of Sindh to pay salary to a civil servant kept without posting and included an observation that any financial loss to the government resulting from keeping a civil servant without posting should be recovered from the personal pocket of the relevant posting/transferring authority. The core legal question was whether the Service Tribunal was justified in imposing personal liability on administrative authorities for the period a civil servant remains without a posting. The Supreme Court held that the observation regarding personal recovery of losses from the posting authority was unjustified and harsh, as administrative decisions regarding suitability for posts often require time and consideration of various factors. Consequently, the Court allowed the appeal and deleted the impugned observation from the Tribunal's judgment. The key principle laid down is that while the government should take immediate steps to provide postings to transferred civil servants to avoid loss to the public exchequer, imposing personal financial liability on administrative authorities for such delays is legally unwarranted.
- Can a Service Tribunal legally direct that financial losses caused by keeping a civil servant without a posting be recovered from the personal pocket of the transferring authority?
- Is the administrative delay in providing a new posting to a transferred civil servant always indicative of a punishable act or negligence?
' SH. IJAZ NISAR, J.---Leave is sought against the judgment, dated 27-11-1998, passed by the Sindh Service Tribunal, Karachi, containing an observation that if any civil servant is kept without posting, the loss occasioned to the Government, shall be recovered from the personal pocket of the posting and transferring authority concerned.
2. The relevant facts are that by means of notification dated 12-9-1997, issued by the Chief Secretary, Government of Sindh, Ahsanullah respondent (BPS-19) was directed to report to the Education Department for further orders. The respondent challenged the said notification in the Sindh Service Tribunal, contending that he had neither been given posting nor paid any salary. The Service Tribunal by judgment dated 27-11-1998 allowed the appeal directing the petitioner to ensure payment of salary to the respondent as per legal entitlement with a further direction to place his case before the appropriate Selection Board for his posting as Chief Engineer/ Project Director Education Works Department, subject to the prescribed criteria. The Tribunal also made the following observation:-- "We would also like to observe and direct here that no civil servant should be kept without posting in violation of the existing laws of the subject and if it so happened the loss to the official treasury should be recovered from the personal pocket of transfer and posting authority concerned whosoever he may be."
3. The Government of Sindh has challenged the above observation only. Although the petition is barred by time, but in view of the fact that its condonation will not affect the rights of Ahsanullah respondent, who, according to the learned counsel for the petitioner, has been accommodated in pursuance of the impugned judgment and paid01 salary for the period under challenge. We, therefore, condone the delay.
4. Learned counsel for the petitioner submits that there was no justification for the above observation, as normally no civil servant is kept without posting however, sometimes consideration of suitability of the officer concerned for the available posts takes time which is never taken as a punishment. According to him the observation that in case the officer is not given any posting, the loss caused to the Government shall be recovered from the personal pocket of posting and transferring authority is harsh and is not in keeping with the administrative policy to decide and determine the suitability of an officer to hold a particular office. It may not always be possible to give immediate posting to a transferred officer as several factors have to be considered before any such order is passed.
5. In the circumstances narrated above, we think that there was no justification for an observation in the impugned judgment that if a civil servant is kept without posting, the loss caused to the treasury shall be recovered from the personal pocket of transferring and posting authority concerned. We, therefore, convert the petition into appeal, allow it and delete the above noted portion from the judgment. However, we would like to observe that if a civil servant is transferred without further posting, immediate steps should be taken to give him further posting to avoid loss to the public exchequer .
Cited by 1 case
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