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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	67
43	Are there regulations addressing conflicts of interest for civil servants?	33
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Civil Servants Act

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Services Tribunals in the four provinces and Federal Services Tribunal can take grievances regarding civil service management. Civil servants can file writ petitions in the high courts under article 199 of the constitution of 1973.

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: All civil service appointments are decided on behalf political affiliation.

Peer Review Comments: Very often, civil servants are subject to the will of their political masters.

Peer Review Comments: Appointment and evaluation of civil servants is generally made on political and personal connection grounds. These may be the basis of their attachment to the military bureaucracy and as well as their political affiliation.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: This is very rare. Most often, loyalty to the executive is the factor that influences hiring and promotion decisions.

Peer Review Comments: The educational criteria for civil servants according to official rules is that a candidate must hold at least a Bachelor degree from any faculty of one of the Pakistani universities or an equivalent degree or comparable educational qualifications awarded by a foreign university. Marks are the main criteria, not the applicant's educational background. Candidates join the following groups on the basis of marks and interview. Groups like income tax, custom, and Pakistan audit lack professionalism because of this system. Officers are bureaucrats instead of technocrats. The interview is the only criteria to evaluate a candidate's professionalism. For Police Service of Pakistan, Customs and Excise Group, District Management Group, Foreign Service of Pakistan, Income Tax Group, Pakistan Audit & Accounts Services, Commerce & Trade Group, Postal Group, Railways Group (Commercial & Transportation) and Information Group six optional and six compulsory subjects are the exam criteria. [ LINK ]

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: I feel all bureaucracy (civil services) is the pet of political cliques within the country, and are rife with nepotism and favoritism.

Peer Review Comments: Often these decisions are based on the executive's preferences.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: Though the job description is clear, civil servants, especially police, misuse their power; police and state power is exerted by political leaders to achieve their own political aims against their adversaries. Political workers and lawyers have been arrested and beaten by law and order agencies for protesting against the unlawful removal of Judges of the Supreme Court of Pakistan by the President. The police are not bound by the law, Human rights principles and the legal rights of individual or groups are often violated.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: In certain cases, decisions can be influenced by political interference or other methods.

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: Very few members of the civil service can avoid political influence.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: GOVERNMENT SERVANTS (CONDUCT) RULES, 1964 And

All gifts received by a government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division. However, the responsibility for reporting the receipt of gifts, including the names of recipients, from foreign dignitaries or delegations who come to Pakistan or when Pakistan dignitaries or delegations go abroad, shall lie with the chief of protocol or his representative in the former case, and with the ambassador concerned in the latter case.

Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: Interview with Saadullah Khan Marwat, advocate, PHC, Peshawar

Peer Review Comments: No proper system exists to keep records of assets.