ISLAMABAD: The Supreme Court (SC) on Friday sought complete record from National Accountability Bureau (NAB) regarding officers of Grade 18 and above.
A three-member bench of the apex court headed by Justice Ameer Hani Muslim resumed hearing in a suo moto case regarding illegal appointments in the anti-graft body
Chief Justice of Pakistan had taken suo moto notice of illegalities, contraventions and violations in appointments including a few retired officers and in service military officers. The suo moto action was taken in response to an anonymous letter through which illegalities, contraventions and violations in appointments were pointed out.
Later, eight officers of NAB also filed a petition pleading for becoming party in the instant suo moto case. According to the anonymous letter, there are currently 16 officers of BPS-20 and BPS-21 working on deputation out of total 32 officers of these grades; whereas majority of officers are posted on OPS against higher grades, particularly DGs of various Regional NABs.
On Friday, the court during the course of hearing held that it would examine the powers conferred on chairman NAB under section 28 of National Accountability Ordinance1999 and the powers under the Terms and Conditions of Services are contrary to the Article 4, 8, 9, 25, 240 and 241 of constitution. The court directed the NAB to file reply of all issues raised in all the petitions with direction to Attorney General Ashtar Ausaf to personally assist the court in the matter.
The court was informed that officers have been given acting charges for so long. Justice Hani said that the acting charge is for specific term i.e. six months.
Appearing on notice, NAB Special Prosecutor Imranul Haq submitted that the NAB employees are not civil servants as per section 28 of National Accountability Ordinance 1999, therefore, the apex court judgment regarding deputation is not applicable to the NAB employees.
He contended that the officers whose names are mentioned in the petition are not presently working on deputation in NAB, but they were inducted/absorbed in the initial years of establishment of NAB in accordance with NAB Employees Terms and Condition of Service 2002.
The court was informed that service structure of NAB is regulated under Section 28 of NAO, 1999, which clearly excludes service of NAB officer from Civil Servant Act 1973.
The prosecutor further informed the court that the issue of appointments, promotion and seniority of Director General and Directors of NAB is pending before Lahore High Court and Islamabad High Court.
Justice Hani observed that the court is hearing this case under Article 184(3) of Constitution, whose scope is vast. He observed that the powers given to chairman under section 28 of NAO are so vast that are not given even to the prime minister and president of Pakistan.
He said the statement of the NAB is vague and therefore it should submit detailed report. The prosecutor, however, contended that they would be glade if the august court streamlines the service rules of the NAB.
At this, Justice Qazi Faez Isa, another member of bench, said it was not the job of court to frame law. He questioned as to what is the criteria of selection, whether it is advertised or not?
Later, the court adjourned the hearing until October 24, seeking complete record from NAB pertaining to officers of Grade 18 and above.
