The Peshawar High Court (PHC) has ruled that deputation of government officials is only valid when a department formally requests an officer and the process is approved through the Special Selection Board (SSB).
In a significant judgement, the court declared the deputation of a Khyber Pakhtunkhwa Assembly official to the Excise and Taxation Department as illegal and unconstitutional. The bench, comprising Justice Syed Arshad Ali and Justice Farrah Jamshed, observed that the appointment did not follow the legal framework and raised concerns about possible political influence.
The court emphasized that deputation is an exceptional arrangement and should only be used when a department faces a genuine service need. This could include situations where recruitment is ongoing, no suitable candidate is available, or specialized expertise is required.
Importantly, the ruling highlighted that all deputation cases must go through the Special Selection Board (SSB), chaired by the Chief Secretary, to ensure transparency and compliance with the law.
In this case, the court found that the Excise Department had not formally requested the officer’s services, nor did the individual possess any unique qualifications to justify deputation. As a result, the process was deemed irregular and in violation of established rules.
The PHC further stressed that public office is a public trust, and all appointments must strictly adhere to legal procedures. It warned that bypassing these rules undermines transparency, accountability, and the rule of law.
The case was brought forward by employees of the Excise Department, who challenged the appointment, arguing that proper recruitment procedures were already underway for the vacant positions.
This ruling sets an important precedent for future government appointments, reinforcing the need for merit, transparency, and strict adherence to legal processes in public sector hiring.
