Promotion and Service Rules in DRAP

In Dr. Abdur Rashid vs. Drug Regulatory Authority of Pakistan (DRAP) and Others (W.P. No. 541 of 2020), the Islamabad High Court addressed several writ petitions challenging the promotion process, the non-framing of service rules, and the legality of the 2015 DRAP Service Regulations. The petitioners sought to challenge the promotion of DRAP employees to the post of Director without the creation of specific rules under the Drug Regulatory Authority of Pakistan Act, 2012 (DRAP Act), and the Federal Government's failure to frame the necessary rules and regulations.

Background:

The petitioner, Dr. Abdur Rashid, along with others, contested the office order issued by DRAP in February 2020, which constituted a Departmental Promotion Board to consider the promotion of Additional Directors to Directors. The petitioners argued that DRAP had failed to frame the service rules as required by the DRAP Act, leading to an unlawful promotion process. Additionally, they sought the declaration of the 2015 DRAP Employees Service Regulations as ultra vires the DRAP Act.

The respondents, including DRAP, contended that the 2015 Regulations were lawfully made and that promotions were proceeding based on the existing regulations. They argued that DRAP employees had exercised their options to either remain civil servants or opt for absorption in DRAP, and that these options were irrevocable.

Key Issues:

Failure to Frame Service Rules under the DRAP Act: Whether the Federal Government and DRAP had failed to frame the rules governing seniority, promotion, and terms of service, as required by Sections 7(m) and 23 of the DRAP Act.

Validity of the 2015 DRAP Regulations: Whether the 2015 Regulations, which governed promotions and service matters, were ultra vires the DRAP Act since they were not approved by the Federal Government.

Promotion Process and Appointment of Directors: Whether the promotion of Additional Directors to Directors in DRAP without proper service rules was lawful.

Court’s Analysis:

Failure to Frame Service Rules: The Court found that DRAP had not framed the required rules for seniority, promotion, and terms of service, despite the clear mandate of the DRAP Act. The Court emphasized that rules must be framed with the approval of the Federal Government, as specified in Sections 7(m) and 23 of the DRAP Act. The absence of such rules rendered the promotion process and other service-related matters incomplete.

Validity of the 2015 Regulations: The Court held that while the 2015 Regulations were issued with the approval of the Policy Board, they did not carry the legal status of rules under the DRAP Act, as they were not approved by the Federal Government. Consequently, the Court determined that the Regulations could not substitute for the formal rules required by law. However, the Court did not strike down the 2015 Regulations but directed the Federal Government to frame the necessary rules within a specified timeframe.

Promotion Process: The Court ruled that the promotion process undertaken by DRAP through the Departmental Promotion Board was not unlawful, but directed that the Federal Government, on the recommendation of the Policy Board, must prescribe the functions, qualifications, and criteria for the appointment of Directors under Section 4(2) of the DRAP Act within two months. It further directed DRAP to prescribe rules for seniority and promotion in compliance with the DRAP Act.

Court’s Conclusion: The Islamabad High Court disposed of the petitions by affirming the irrevocability of the options exercised by the petitioners under Section 15(5) of the DRAP Act. Also held that the promotion process for Directors was lawful but subject to compliance with Section 4(2) of the DRAP Act. Further directed the Federal Government and DRAP to frame and approve the necessary service rules for seniority, promotion, and recruitment in accordance with the DRAP Act within two months.

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