Ph No- 0297-840271. OFFICE, OF THE MEDICAL SUPERINTENDENT TALUKA HOSPITAL MATLI NO,T.H.MATLI/(P-F)/ Dated. 06/2021 wo relgy ated 2S | 7 All Officer's & Offical Taluka Hospital Matli. COURT MATTER ‘MOST URGENT IMPORTANT supject:- IMPLEMENTATION OF HON’BLE COURT'S ORDER DATED20.04.2021 IN C.P NO.D-42870F 2020 FILLED BY SAHIB KHAN LUND VS.. PROVINCE OF SINDH & OTHERS. Reference:- No.DHO/BDN/GB/(Court Matters)/- 11868/80 Dated: the 8 June 2021. Enclosed herewith, please find photocopy of Health Department's letter NO.CTO(LIT) C.P_NO.4287/2020 dated: the 3° May 2021 and letter No.DHO/GB/(Court Matters)/- 11868/80 dated: the 8" June 2021 from office of the District Health Office Badin on dated: 8™ June 2021. You are required comply with the direction and submit your ACRs for submission to the higher authorities for your promotion. aay, Sao (DR. GULAB HUSSAIN KASHMIRI) MEDICAL SUPERINTENDENT TALUKA HOSPITAL MATLI Copy to Submitted for kind information to:- The Honorable Secretary Government of Sindh, Health Department Karachi. ‘The Honorable Director General Health Service Sindh @ Hyderabad. ‘The Honorable District Health Officer Badin. (DR. GUCAB HUSSAIN KASHMIRI) MEDICAL SUPERINTENDENT TALUKA HOSPITAL MATLIY Phone — Fax # 0297-920105 Email = dhoofficebadin@gmall.com To, Subject: NO. DHO/BDN/GB/(Court Matters)/- Y 863 f 60 OFFICE OF THE DISTRIC HEALTH OFFICER BADIN Dated the 8" June 2021 1. The Medical Superintendent/Civil Surgeon, Civil Hospital Badin. 2. The Senior District Manager, IHS Badin. 3. The District Manager, PPHI-A office at Badin 4, The District Manager, PPHI-B office at Matli 5, The Medical Superintendent, Taluka Hospital SF.Rahu-Golarchi 6y-The Medical Superintendent, Taluka Hospital Matt. 1 Superintendent, Taluka Hospital Tando Bago. | Superintendent, RHC, Talhar. 9 The Principal, College of Nursing (Female), Badin. IMPLEMENTATION OF HON’BLE COURT'S ORDER DATED 20.04.2021 IN C.P NO.D-4287 OF 2020 FILED BY SAHIB KHAN LUND VS. PROVINCE OF SINDH & OTHERS. Enclosed herewith, please find photocopy of Health Department's letter NO.CTO(LIT) C.P NO.4287/2020 dated the 3° May 2021 alongwith its enclosures on the above captioned subject for your information and necessary action. You are required to comply with the directions and send compliance report accordingly. = Se Encl: (7) Ceto: DISTRICT HEALTH OFFICER BADIN Dr. Sikandar Ali Memon, Chief Technical Officer, Government of Sindh, Health Department Karachi ‘The Director General Health Services Sindh Hyderabad. The Incharge E-1 Branch/ E-II Branch District Health Office Badin for compliance. ae DISTRICT HEALTH OFFICER BADIN & nt. « "4 a"NO. CTO (LIT) CP NO. 4287/2020 & b cout MA {+ GOVERNMENT OF SINDH = SS anne HEALTH DEPARTMENT To X Karachi dated the 3% May, 2021 Director General Health Services Sindh, Hyderabad. For further circulation to all subordinate offices. : ‘The Director Health Services, Karachi, Hyderabad, Mirpurkhas, Larkana, Sukkur, ‘The District Health Officers, Karachi Malir / Central / South/ West/ East / Korangi / Kiamari/ Hyderabad / Thatta /Badin / Sanghar / Mirpurkhas / Umerkot / Tharparkar @ Mithi /Tando Allahyar / Tando Muhammad Khan / Matiari / Jamshoro / Shaheed Benazirabad / N’Feroze / Khairpur / Sukkur / Ghotki / Kashmore @ Kandhkot / Jacobabad / Shikarpur / Larkana / Kambar Shahdadkot @ Kambar / Dadu / Sujawal. ‘The Medical Superintendents (A), Services Hospital, Karachi / Services Hospital, Hyderabad / Civil Hospital, Karachi / Sindh Govt. Qatar Hospital, Orangi Town, Karachi / Sindh Govt. Hospital Liaquatabad, SG Hospital, Korangi-5, SG Hospital, Saudabad, SG Hospital, Ibrahim Hyderi, New Karachi / Sindh Govt. Lyari General Hospital, Karachi / PMCH, Nawabshah (Shaheed Benazirabad) / CMCH, Larkana / GMCH, Sukkur / Civil Hospital, Khairpur / Liaquat University Hospital, Hyderabad/ Sir C.J Institute of Psychiatry Hyderabad / Children Hospital, North Karachi / Institute of Skin disease, Karachi / Institute of Chest Disease, Kotri / T.B Hospital, Khairpur ‘The Chief Drugs Inspector Sindh at Karachi / Secretary Quality Control Board Sindh at Karachi / Drug Testing Laboratory at Karachi. ‘The Director C.B Lab, Karachi and Sukkur at Rohri Directorate of Nursing Sindh at Kala Pul, Karachi The Section Officer: C-I / C-I / 8-1 / SO-III SO-IV / 80- V / SO-IV / SO- VII / SO (6) / SO (Dé) / SO (PM-1) / SO (PM-I1) Subject: IMPLEMENTATION OF HON. COURT’S ORDER DATED 20.04.2021 IN ©.P NO. 4287 OF 2020 FILED BY SAHIB KHAN LUND V/S PROVINCE OF SINDH AND OTHERS. 1 am directed to refer to the subject noted above and enclose here with an order dated 20.04.2021 passed by the Hon. High Court of Sindh at Karachi Although, the contents of decision are very clear discussion, however, relevant conclusion is reproduced as under: foe“the government of Sindh shall ensure that in future before convening the meeting of PSB and / or DPC for considering the cases for promotion of civil / government servants, the Department concerned shall provide the complete set of ACRS 1 d Officer to PSB / DPC well in advance so PERs of.the concernes that the cases for promotion should be decided without any delay. Te may be observed that if the promotion of any civil / government servant is deferred or delayed after passing of this Order for want of ACRs / PERs, the Secretary of the Department concerned, competent authority and all officials responsible for Geferring or delaying the promotion shall be held personally responsible for defiance of the above direction of this Court”. 2. you are, accordingly, requested to write ACRs / PERS of the employees ountersigned from tl he date of receipt of this letter failing which, the officer on the respective forms and get the same c ne concerned officer and send to this department within two months from and in future within the first month of every new year, holding the charge of health facility, institution, district management, divisional management and Directorate General shall be responsible for the negligence. 3. This may please be treated as Most Urgent and Time limit policy guideline for hospitals, institutions and management working under sub-ordination of Health Department in the light of Hon. Court’s decision. fe 35 (22> (DR. SIKANDER'ALI MEMON) CHIEF TECHNICAL OFFICER Copy forwarded for information. 5 ad Registrar, High Court of Sindh at Karachi. he Section Officer-V, SGA&CD w/r to letter Ni 7 fie Secon ns /x to letter No. SOV(SGA&CD) 9-8/2020 The P.S to Minister Health Department, Govt. of Sindh . The P.S to Secretary, Health Department, Govt. of Sindh. ve aoec oS NO.SOV(SGA&CD)9-8/2020 5 GOVERNMENT OF SINDH Rs SERVICES, GENERAL ADMINISTRATION & COORDINATION DEPARTMENT Karachi, dated the 28" April, 2021 1. The Chairman, Planning & Development Board, Sindh, Karachi. Cute 2. The Chatman, Enquiries & Anti Corruption Establishment, Sindh, Karachl 3. The Senior Member, Board of Revenue, Sindh, Hyderabad. 0 4%. The Additional Chief Secretaries (all), Government of Sindh. UL Y cor 5. The Principal Secretary to Governor Sindh, Karachl. 6. The Principal Secretary to Chief Minister, Sindh, Karachi. 7) The Chairman, Chief Minister's inspection, Enquiries & Impl: Team, Karach 8, The Chairman, Sindh Revenue Board, Karachi. The Administrative Secretaries (all), Government of Sindh. ) lealy Wp Dd 0. The Chalrman, Board of Investment, Sindh, Karachi. 411, The Inspector General of Police, Sindh, Karachl. 12, The Secretary, Provincial Ombudsman Secretariat, Sindh, Karachi. 13, The Secretary, Provincial Assembly Secretariat, Sindh, Karachi. 14, The Consultant to Chief Secretary, Sindh for Court affairs. 15. The Commissioners (all) n Sindh. 16, The Managing Director, Sindh Public Procurement Regulatory Authority, Karach| 17, The Deputy Commissioner (al) in Sindh. 18, The Secretary, Sindh Public Service Commission, Hyderabad, SUBJECT: CP.NO.D-4287 OF 2020 FILED BY SAHIB KHAN LUND BALOCH VERSUS PROVINCE OF SINDH & OTHERS Iam directed to refer to the subject noted. above and to state that the Honourable High Court of Sindh vide order dated 20.04.2021 (Copy enclosed) passed in C.P, No.D-4287 of 2020 has issued following directions: “the Government of Sinch shall ensure that in future before convening the meeting of PSB and / or DPC for considering the cases for promotion of civil Qe J government servants, the Department concerned shall provide the y complete set of ACRs / PERS of the concerned Officer to PSB / DPC well in 2 advancé so that the cases for promotion should be decided without any 4 delay. It may be observed that if the promotion of any civil / government servant is deferred or delayed after passing of this Order for want of ACR / PER, the Secretary of the Department concerned, competent authority and all officials responsible for deferring or delaying the promotion shall be held personally responsible for defiance of the above direction of this Court” 02. All the Administrative Departments as well as Head ofyfhe attached Departments / Autonomous. and Semi-Autonomous Bodies / Oygdnizatjons are requested to comply with the above directions of the Honourable Higi{ Zourt aSiaeh in “A letter and spirit. RS A (SANAULLEA QAZI) SECTION OFFICER-V DA / As above ‘A copy Is forwarded for information to: 1, The Section Officers (all) in SGA&CD, Government of Sindh, Karachi. . 2. Private Secretary to Secretary (Services), SGA&CD, Karachi. ————___Sa IN THE HIGH COURT OF SINDH AT KARACHI Constitution Petition No. D- 4287 OF 2020 SAHIB KHAN LUND BALOCH. PETITIONERS VERSUS 5 PROVINCE OFSINDH & OTHERS...» .RESPONDENTS The Chief Secretary Govt. of Sindh, Karachi. >» The Secretaries all the Departments of Govt. of Sindh, Karachi to be Served through Chief Secretary Govt. of Sindh, Karachi. Date of hearing & Order; 20.04.2024 und Fi Mr, Ahmed All Ghumro, advocate for the petitioner. Mr. li Safdar Depar, Asst. Advocate General 6 eal wren a Advan-ul-Karim Momon, J. Pettioner, wh IsNserving Assistant Commissioner in BPS-17, is aggrieved by the purported decision of the Provincial Selection Board-Il (PSB-I") dated. 09.3.2020 and 11.3,2020, FM whereby his promotion to the post of Deputy Secretafy (Equivalent BPS-18) i was deferred on the ground that his Annual Confidential Reports (ACRs’) for the period from 28.12,2016 to 01.11.2018 were not available and juniors to the {t present as petitioner, were promoted in BPS-18 on regular basis. 2, _. The main grievance of the petitioner is that his case for promotion from BPS-17 to BPS-18 has been deferred by the Provincial Selection Board (PSB) in its meeting held on 09.03.2020 and 11.03.2020 (page 31) on the ground that d from 28.12.2016 to he had remained under suspension for the pi 01.11.2018 and he had not earned Annual Confidential Reports (ACRs) after his reinstatement. 3. Mr, Ahmed Ali Ghumro, leamed counsel for the petitioner, has contended that the case for promotion for the petitioner's batchmates was approved subject to production of ACRs by them, therefore, similar treatment ought to have been given to the petitioner by approving his case for promotion subject to production of his ACRs. Mr. Ali Safdar Depar, learned AAG has: agreed to the disposal of this with the direction to the Provincial Selection Board to consider the case s Li 33 be PSID.S {Serviges) | O.tia. 2 Sei) Oy Conteh VocCP. ta, 04207 o 2020, of the petitioner for his promotion from BPS-17 to BPS-18 in its next meeting for which the learned counsel for the petitionér has no objection. 5 5: We have heard leamed counsel for the parties on the subject issue and Perused the material available on record with their. assistance. 6. Though the grievance of the petitioner for his promotion to the higher grade has been assured to be redressed in the next PSB-II meeting, let them do ‘so strictly under law, but as it is a common. practice of Government departments to defer the cases of promotion on the ground of want of ACRs and.due to this reason the aggrieved civil / Government servant is constrained to approach this Court, we are of the view that this issue must be addressed and set at rest. . 7. It may be observed that Preparation of ACR / PER relates to the Efficiency and Discipline of a civil / Government servant, which is the function of the reporting officer. Prima-tacie the evaluation reports play a vital role in considering the case of Promotion. However, the promotion depends upon eligibility, fitness, and availability of vacancy. it is essential for the competent authority to take prompt disciplinary action against the civil / Government Servant under The Sindh Civil Servants (Efficiency & Discipline) Rules, 1973, (‘Rules’) if he/she is found persistently corrupt; and/or is Possessing pecuniary fesources and/or property, etc. disproportionate to his/her known ‘sources of income; and/or, rem: 's_ frequently on unauthorized absent from duty. Furthermore, if two or more penalties under the Rules have been imposed on himmer; and, his / her overall grading of the ACRs waslis average, and/or adverse remarks regarding the acceptance of responsibilty, integrity, reliability, the output of work and behavior with the public were recorded in the ACRs duly conveyed to the concerned civil servant and his representation against it finalized, as per rules; and, if he/she waslis fecommended twice for Supersession by the Provincial Selection Board PSB/DPC and the ‘ecommendation of the PSE/OPC was/is approved by the competent authority, C0. As far as deferment of promotion of a civil / Government servant is vcore, his / her promotion can be deferred Urider Section 13 of the Sindh fgliServants (Probation, Confirmation, and Seniority) Rules, 1975, if his / her rity was/is under dispute or was/is not determined: or heishe Ss waslis on i oA ehutation, training or leave; or disciplinary proceedings were/are pending ~ggeht him/her, or he/she is not considered for promotion for any reason other =. Page 2 of 4>. No. 0-a07 2020 In any of the above céncitions, the ired to, ensure that in ¥ the Sindh Civil than his / her fitness for promotion. Competent Authority of the Goverment of Sindh is requ future disciplinary action must be taken under Rule 5 0 Servants (Efficiency and Discipline) Rules, 1973, against all Government / civil Vor criminal proceedings are pending; the same must be it the Government im, he/she shall servants, against' whom disciplinary and and; in case of disciplinary proceddings against them, concluded/decided expeditiously under law. Needless to say, / civil servant is exonerated of the charge(s) leveled against hi be given the treatment provided for in Rule €-A of The Sindh Civil Servants (Efficiency and Discipline) Rules, 1978, and Rule 13 of The Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975. to qualify for the promotion, the least that is expected of an 9, Inour view, tation to js to have an unblemished record. This is the minimum expect employee blic interest. An ensure a clean and efficient administration and to protect the pul employee found guity of misconduct cannot be placed at par with the other employees, and his / her case has to be treated differently. While considering an employee for promotion his / her entire service record has to be taken into consideration and if @ promotion committee takes the penalties imposed upon Joyee into consideration and denies him / her promotion, such denial the empl would not be illegal or unjustified under the service jurisprudence. 40." Coming to the issue at hand, the prime object of maintaining ACRIPER is to assess whether the officer under consideration is entitled to promotion or not, and such assessment, in addition to his / her performance and eligibility, would also include whether or not he / she has been awarded any major or minor penalty. The DPC, which is held to finalize the decision with regard to promotion based on the above assessment, is ‘Tequired to make an overall assessment of the performance of the civil servant based on a working paper prepared by the department concermed. Therefore, preparation and presentation of ACRs is the duty of the department concerned and not of the civil / Government servant for the simple reason that ACRs are confidential cuments to which the officer concerned cannot have any access. The law equires that if any adverse remarks are made in ACRs, the officer Neer 7 .d should be informed so that he/she may be able to improve his / her ince to make up for the deficiency. fer "Sasily interfered with by the Court which does not have the necessary expertise :™ Page 3 of 4 . jCP. mo, 028702020 pee een ent cee for such purpote. it is setted powers and authority, the DPC has to assess every proposal for promotion on case to cas basis under the law. In cases where the disciplinary case’ criminal progecution against the civil / Government servant is not concluded even after the expiry of two years from the date of the meeting of the first:DPC which kept its findings pending in j respect of the civil / Government servant, the appointing authority may consider his / her ad-hoc promotion in accordance with law. tof In view of the above discussion, it is directed that the Government 12. e meeting of PSB and/or Sindh shall ensure that in future before convening the DPC for considering the eases for promotion of civil / Government servants, the department concerned shall provide the complete set of ACRs / PERS of the concerned officer to PSB / DPC well in advance so that the cases for promotion should be decided without any delay. It may be observed that if the promotion of. any civil’ /, Government servant is deferred: or delayed after passing of this” order for want of ACR'/ PER; the: Secretary ofthe department concerned; competent’ authority, and. all officials responsible for deferring or delaying the promotion’ shal). be: held: personally responsible for defiance. of the above | direction of this Court. = l {| 43. With the above observations and direction, the petition stands disposed | | cf with no order as to costs. Let notice be issued for compliance to the Chief Il) Secretary Sindh and the Secretaries of all the departments of the Government il of Sindh. ‘er is fixed in Court on Take notice that the above matt 26-05-20: 1 for compli , when you are court and comply the above court's required to appear i order, failing which, t your absence. s Given under my hand and the seal of the Court, this 22 day of April, 2021. 'y of Api BY ee “ioe ASSISTANLREGISTRAR /WRIT he matter will be heard and decided in Page 4 of 4