KARACHI: The recent appointment of a Customs officer as Director General of the National Agri-Trade and Food Safety Authority (NAFSA) and former Department of Plant Protection (DPP), an entity under the Ministry of National Food Security and Research, has been challenged in the Hon’ble Sindh High Court.
The petition questions the legality of posting a BS-19 officer to a BS-20 position, arguing that the appointment appears to violate prior court directives regarding merit and seniority.
In a fresh constitutional petition (C.P. No. D-1837 of 2025), heard on May 8, the Sindh High Court granted urgency and issued notices to all respondents, including the Deputy Attorney General (DAG), for a detailed hearing scheduled on May 16, 2025.
Filed through Advocate Mr. Rashid Mahar, the petition challenges the government notification dated January 15, 2025, which appointed Respondent No. 3 as Plant Protection Advisor and Director General (BS-20), despite him holding the lower rank of BS-19.
The petitioner’s counsel argued that the appointment contradicts an earlier judgment of the Sindh High Court dated April 9, 2024, in the case of Dr. Muhammad Tariq Khan vs. Federation of Pakistan and others (C.P. No. D-3764 of 2022). That ruling emphasized that senior positions must be filled on the basis of seniority, appointing the most senior eligible officer.
“This appointment disregards the principles of merit and seniority established by the court,” the counsel submitted, urging the bench to examine the legal standing of the notification.
Taking note of the argument, the court observed that the matter warrants consideration and directed that notices be served to all respondents through all available means except publication in newspapers.
What is wrong with appointment of DG DPP?
The petition in court raises significant legal questions regarding the legitimacy of the appointment of Respondent No. 3, a BS-19 officer from the Customs group, asserting that he lacks the requisite qualifications and experience for appointment against the highly technical post of Director General under section 10 of the Civil Servant Act, 1973 (CSA, 1973).
As per S.R.O. 1332(1)/2021, dated October 4, 2021, qualifications required for the position of Director General (BS-20) include a B.Sc. (Hons) degree in Agriculture with a specialization in Entomology, Plant Pathology, or Plant Protection, along with 17 years of experience in the relevant field and at least seven research publications in journals recognized by the Higher Education Commission (HEC).
According to sources within the food ministry, the appointment of Mr. Tahir Abbas not only violates the stipulated qualifications and experience but also contravenes a previous ruling by the Sindh High Court dated April 9, 2024, in the case of Dr. Muhammad Tariq Khan vs. Federation of Pakistan (C.P. No. D-3764 of 2022). The court’s ruling determined that the appointment of any officer to a BS-20 position must adhere strictly to the terms and conditions laid out in the CSA, 1973 and rules framed thereunder against that particular position, and mandated that the senior-most eligible candidate be appointed.
Insiders allege that the appointment is motivated by malafide intentions, favoritism, and a blatant violation of the CSA, 1973, asserting that the position in question requires specific technical qualifications and experience that Mr. Abbas does not possess.
Furthermore, the appointment of Mr. Abbas is viewed as an affront to a prior judgment of the Sindh High Court dated May 30, 2018, which ruled against the appointment of Dr. Waseem ul Hassan to a similar position due to his lack of qualifications, experience and being without lawful authority.
According to sources the Supreme Court of Pakistan has consistently upheld that appointments to the Director General position at the DPP must comply with the requirements specified in the referenced SRO.
There has been a troubling trend within the bureaucracy, wherein appointments to crucial positions in the DPP have frequently disregarded qualifications and experience, favouring individuals from various unrelated government services instead. This has often led to the appointment of individuals with questionable reputations and inadequate qualifications, leading to burial of the historic and internationally recognized National Plant Protection Organization (DPP) and emergence of corporate body, NAFSA, not acceptable to contracting parties under Article IV and VII of International Plant Protection Convention that requires official organization and civil servant for quarantine inspection and issuance of phytosanitary certificates and biosecurity clearances.
Allegations have also emerged regarding Mr. Tahir Abbas’s conduct in office, including claims of extortion related to the release of shipments and substandard pesticides in violation of plant quarantine and pesticides import regulations. Reports indicate that he has been implicated in releasing pesticides that did not meet regulatory standards, raising serious concerns about the integrity of his office.