IHC overturns promotion denial based on intelligence reports
Pakistan
The reports by the ISI and IB accused the petitioner of corruption
ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) nullified the Central Selection Board's (CSB) decision to deny a Grade-21 promotion to an officer, Muhammad Tahir Hassan, based on intelligence reports.
IHC Justice Sardar Ejaz Ishaq Khan issued a written judgment on the officer’s petition, declaring the CSB's August 1, 2023, decision invalid.
The IHC directed the CSB to reconsider Tahir Hassan’s promotion under the Civil Servants Promotion Rules in the next meeting.
The judgment stated that intelligence reports questioning the officer's integrity should not influence decisions unless the officer is given a departmental opportunity to defend themselves.
The court criticised the reliance on unsubstantiated intelligence claims, questioning how the Prime Minister could allow bureaucrats to depend on such baseless reports without proper evidence.
The IHC further noted that the petitioner, who has had a stellar career from 1994 to 2022 with recommendations from his secretary for promotion, was superseded to favor a lower-ranked officer on the bases of intelligence reports.
The reports by the ISI and IB accused the petitioner of corruption and declared him unsuitable for work under pressure.
However, the IHC noted that the reports used vague terms like "alleged" without substantial evidence or clarity on the methodology used to gather the information.
The IHC highlighted the violation of fundamental rights, emphasising that denying a chance to defend against such accusations undermined justice and the rule of law.