MUHAMMAD TAHIR HASSAN vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Sched

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MUHAMMAD TAHIR HASSAN VS FEDERATION OF PAKISTAN through Secretary, Establishment Division Sched. VI, Rr. 2(p), 4(5), 18(3)(b) & 23---Constitution of Pakistan, Arts. 10-A & 199---Constitutional petition---Maintainability---Promotion of BPS-20 Officer of Information Group---Intelligence reports alleging financial corruption---Mixed reputation and questionable integrity---Supersession---Absence of tangible material/evidence---Effect---Principle of natural justice, violation of---Contention of the petitioner was that the reliance on unseen intelligence reports violated his right to due process, especially considering his earlier "Outstanding" and "Very Good" performance record---Validity---Consideration of an officer for promotion was to be based not only on the relevant law and the rules, but also on some tangible material, which could be lawfully taken into consideration, thus, unless the opinion of Selection Committee was backed by some tangible material, it could not be said that the case of the petitioner for promotion was considered in accordance with law---High Court questioned whether the Central Selection Board's concerns were based on personal knowledge or solely on the intelligence reports, demanding affidavits from CSB members---Identical nature of most affidavits raised doubts about their authenticity---One member admitted surprise at the intelligence reports, given the petitioner's performance record---It was found downright shocking for a system of justice to countenance a framework whereby an officer's career could be put in jeopardy on the basis of an intelligence report that was neither before his department before recommending him for consideration for promotion, nor was before the CSB members---Intelligence report were somewhat oxymoronic because there was nothing intelligent written in those reports---Court had been shown the reports while requesting for confidentiality, but nothing in the CSPR conferred confidentiality to such reports, and if any such attempt were to be made, it would be ultra vires the fundamental rights to information and due process under the Constitution, because no information could ever be confidential which adversely affected the civil rights of a person without confronting him with its contents with him being given due opportunity of making a defence---Principles of natural justice are to be read into each law regardless of being mentioned therein--- Central Selection Board, being a semi judicial forum, was required to examine the cases of officers justly and fairly---With respect to an officer, who had already put about 20 years of his life in service, one would expect, as a minimum, for such reports to be duly documented with evidence and adequate particulars of enquiries to gather that evidence---Such reports bore no authenticity in saying "reportedly" with reference to any serious allegation, especially when such damming allegations of financial corruption contradicted the service record and would stay in the petitioner's dossier, practically killing his career beyond that date---When petitioner was never confronted with any material evidence, how would he ever be able to defend himself, which was the most egregious breach of the fundamental right to due process under Art. 10-A of the Constitution---Central Selection Board's decision was completely silent as to marks allocable to integrity--Constitutional petition was allowed, in circumstances.

MUHAMMAD TAHIR HASSAN vs FEDERATION OF PAKISTAN through Secretary, Establishment Division Sched — 2025 PLC(CS) 555 ISLAMABAD

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