Only federal govt can take action against its servants

ISLAMABAD : The federal government has conveyed to the provincial anti-corruption departments that they cannot take action against federal government servants regardless of their postings under the provincial governments, The Nation has learnt.

The Establishment Division had sought the guidance of Ministry of Law Division in the case of ex-Managing Director Punjab Seed Corporation Punjab Khaqan Babar, who is presently serving as Director General Civil Defense under the Interior Division in grade-21.

According to the letter of Ministry of Law available with The Nation in Khaqan Babar case says, “The undersigned is directed to refer to the Establishment Division’s O.M.N 1/1/2017-D,1, dated 31-12-2018 on the subject noted above and to state that employees of the Federal Government are lent I the Provincial Governments. It is a settled principal that any disciplinary or other proceedings against such employees can be taken by the Federal Government only. All the cases of Federal Civil Servants are dealt with the by the Special Judge Central and investigation is done by Federal Investigation Agency as per law. The word appropriate Government used in the relevant law has been effectively interpreted by the Supreme Court in the decision cited at 1993 SCMR 61 wherein it was held that even sanction for prosecution for such employees has to be taken by the Federal Government. Therefore, Provincial Anti-Corruption Department do not have jurisdiction on the Federal Civil Servants regardless of their posting under the Provincial Governments.” Khaqan Babar is a Pakistan Administrative Services grade-21 officer and he was promoted in grade-21 in last Central Selection Board meeting and posted as DG Civil Defense.

According to a senior officer of Establishment Division, usually only the federal government conducts inquiry against any officer of federal government and sends recommendation to Prime Minister for further action. He said the federal government wrote in this specific case to the Law Division because Khaqan Babar was posted under Punjab government and during anti corruption department inquiry, he was transferred and placed his services under the federal government.


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