CONTROLLER GENERAL OF ACCOUNTS vs FAZIL AHMAD, DAO EC (C&W DIVISION HANGU) R — 2021 SCMR 800 SUPREME-COURT

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CONTROLLER GENERAL OF ACCOUNTS VS FAZIL AHMAD, DAO EC (C&W DIVISION HANGU) R. 3(2)---Controller General of Accounts (Appointment, Functions and Powers) Ordinance (XXIV of 2001), S. 12---Two part departmental examination for promotion to Divisional Accounts Officer (BS-17)---Change in method of examination after first part already conducted---Legality---In order to become entitled to promotion respondents participated and qualified the departmental examination Part-I in the year 2012 in accordance with the Rules and Regulations prevalent at that time---Respondents also completed their practical training for six months---Part-II of the examination which was scheduled to be conducted in the year 2013 did not take place---Through the impugned notification dated 09-03-2017 the method of examination was changed---Previously, the examinations were conducted by the department itself but through the impugned notification the Federal Public Service Commission ("FPSC") was assigned the job of conducting the promotion examination---Pursuant to the notification in question which was issued by the Office of Controller General of Accounts, the impugned Resolution No. 881 was circulated by the said Office intimating that promotion examination would henceforth be conducted by the FPSC---Held, that perusal of impugned notification revealed that it had not been issued by the Federal Government and only the concurrence of the Establishment and Finance Divisions had been solicited---While it was true that R. 3(2) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 ('the Rules, 1973') empowered the concerned Ministry/ Division subject to consultation with the Establishment Division to lay down methods of appointment, the notification in question as well as the Resolution under challenge were neither issued by any Ministry or Division nor published in the official Gazette---Record did not indicate that the Federal Government had notified the impugned notification after following the legal and procedural requirements and in accordance with the provisions of R. 3(2) of the Rules, 1973---Furthermore respondents had already successfully completed Part-I of the departmental examination and received the prescribed training in accordance with the Rules and Regulations prevailing at the relevant time---Part-II of the examination was due to be held in 2013 and was not held for the next four years without any fault on the part of the respondents---Right had already accrued in favour of the respondents by reason of passing Part-1 of the departmental examination which could not have been taken away merely on the basis of a notification issued by the Office of Controller General of Accounts without following due process of law---Respondents were entitled to undergo Divisional Accounts Officers' Examination Part II to be conducted by the department itself as per .the previous Regulations---Appeal was dismissed.

CONTROLLER GENERAL OF ACCOUNTS vs FAZIL AHMAD, DAO EC (C&W DIVISION HANGU) R — 2021 SCMR 800 SUPREME-COURT

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