NAB inducts 96 IOs in violation of SC orders

NAB spokesman says selection process completed before announcement of judgment; assures all future appointments will be made through FPSC in light of SC judgement

KARACHI: Despite clear decision of Supreme Court in its recent judgment pronounced in suo-moto case No. 13 of 2016 titled action against illegalities, contraventions and violations in appointments within NAB regarding the appointments in National Accountability Bureau through the Federal Public Service Commission, the bureau however appointed 96 investigation officers (IOs) of grade 16 and 17 through examination conducted by National Testing Service (NTS), a serious violation of court judgment.

Prominent lawyers Justice (R) Rasheed A Rizvi, advocate Shuhab Osto, advocate Haq Nawaz Talpur and advocate Ashiq Hussain termed the appointments illegal and in violation of Supreme Court judgment.

The Supreme Court in its judgment regarding the appointments in National Accountability Bureau clearly directed the NAB authorities to make future appointments through the Federal Public Service Commission but the NAB announced the appointments of 96 officers of grade 16 and 17 which were made through National Testing Service (NTS).

Para 33 of the judgment of Supreme Court narrated that all the recruitments and appointments in the Authority should be made through Federal Public Service Commission (FPSC) but NAB violated such directions by selecting the 96 officers of grade 16 and 17 by the competitive examination conducted through NTS for such appointments.

Though Section 28 of National Accountability Ordinance 1999, bars nab from referring the matter of appointments to the FPSC, such provision of the ordinance has been suppressed by the recent Supreme Court judgment as according to said judgment Articles 240 and 241 of Constitution of Pakistan have overriding and prevailing effect over the ordinance with respect to provisions of appointments.

Para 33 of the said judgment said: “We expect that all the existing vacancies in NAB or that may be pursuant to the Committee’s findings in future shall be filled within three months through the Federal Public Service Commission, from the date, the proposed Committee finally submits its report for our perusal. In the intervening period NAB shall requisition its existing vacancies to the FPSC, which shall take steps for filling up the same. We are aware that the recruitment rules of NAB exclude recruitment through the FPSC, but in the larger public interest, the FPSC shall undertake this exercise and the posts shall be filled in by observing the mandate of Articles 240 and 241 of the Constitution, as these posts are extremely sensitive and only the most qualified candidates should be appointed. The Chairman, NAB shall submit the compliance report.”

Sources are of opinion that the directions of Supreme Court appointments through Federal Public Service Commission issued in the judgment relate to filling of only those posts that have been vacated by termination and retirement of four director generals of NAB and six officers of other senior grades who opted for retirement and repatriation before issuance of judgment.

However, some legal experts are of the view that the directions by Supreme Court for appointments only though FPSC are general directions related to all future appointments in NAB, yet with particular context of filling the positions of four DGs and other vacated positions through FPSC.

It has been learnt that the positions of regional DGs can be filled by officers of only grade 21, therefore the position vacated by four DGs whose services had been terminated, will have to be filled by advertising for the positions for which the serving as well as retired officers of grade 21 would be eligible to apply.

President Supreme Court Bar association Justice (r) Rasheed A Rizvi said in the light of Supreme Court decision it was clear that all kind of appointments should be made through Federal Public Service Commission.

 Mr. Rizvi added that all the process should be stopped by NAB authorities and appointments should be made through FPSC. Mr. Rizvi concluded “if any person challenges this process and appointments, I am of the view all appointments would be declared as illegal”.

This reporter contacted more senior legal experts like former Secretary General Karachi Bar Association advocate Haq Nawaz Talpur, renowned constitutional expert Shuhab Osto and service matter expert advocate Ashiq Hussain for their opinion; all legal experts were of the same view as expressed by Mr. Rizvi. 

In accordance with these expert legal opinions, NAB was legally bound to cancel results of examination conducted by NTS for selection of 96 officers and referred the matter to FPSC for conducting competitive examination for selection process after re-advertising vacancies afresh -- a violation which might attract provisions of contempt of court.

Spokesman for NAB Asim Nawazish told The News that the process of the said selected officers was completed before the announcement of judgment and in future in the light of Supreme Court Judgement all appointments would be made through the Federal Public Service Commission.