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Why did NAB nominate JIT member despite show cause notice to him?

By Usman Manzoor
June 17, 2017

ISLAMABAD: Though the National Accountability Bureau (NAB), unlike the SECP and SBP, did not confirm that its nominee in the Joint Investigation Team (JIT) was recommended for the JIT following orders given through a WhatsApp call by the Supreme Court Registrar but the latest revelations have further endorsed the fact that Mr Irfan Mangi's name was included in the JIT mysteriously.

The NAB nominee for the JIT, Irfan Naeem Mangi, was issued a show-cause notice for ‘removal from service’ on April 25 by the NAB and astonishingly simply two days later an official who was under notice facing removal from service was recommended for inclusion in the important JIT on April 27.

Mangi was given a show-cause notice on April 25, 2017 on the orders of Supreme Court of Pakistan because his recruitment was illegal because he was not even qualified for being under-educated and having less experience for the position he was appointed on.

In many frivolous objections the JIT has raised before the SC, which according to it are creating hurdles in its smooth functioning, issuance of notice to Mangi is also included. However, now NAB has responded to JIT’s allegation by submitting its strong response along with all documentary evidences that in fact Mangi was given a show-cause notice for ‘removal from service’ on April 25 in the light of the apex court judgement on illegal appointments in NAB while the bureau recommended Mangi on April 27 and JIT was constituted on May 5, 2017. This has cleared the top NAB bosses of all the allegations being levelled by the JIT as all documentary evidences are submitted.

However, at the same time, it has made the whole JIT controversial as now it has been established through official documents submitted by NAB in the SC that the NAB nominee was facing a show cause notice which could result in his removal from the service but such an officer was recommended for the JIT. Serious questions have arisen on credibility and transparency of the process of nomination for JIT.

If Mangi's name was tossed by the NAB itself and the SC did not ask for it, then how can NAB name a person who has been issued a show cause notice just days before, that too on the very initial appointment of an officer? How can the Supreme Court choose a person for the JIT who has been given show-cause notice on its own orders?

Before The News broke the news of WhatsApp calls made to SECP, SBP and NAB to include choice members for JIT, this correspondent met senior bosses of NAB to get confirmation but it could not be confirmed that NAB also received a call to include Mangi's name in the list of nominees for the JIT. The senior officers of NAB said that they were asked by the registrar to give two more names and one was selected thereof.

In the Supreme Court it has been submitted, "The NAB has denied that the show-cause notice issued to one of the members of the JIT was issued with malafides. Show-cause notice was issued to Mr. Mangi pursuant an order of this Honourable Court like 77 other persons prior to formation of JIT. They have also pointed out that the matter stands suspended."

Well-placed sources in NAB told The News that out of the 77 officers show-caused by the committee formed in the wake of order of the SC, one officer, Mangi, has not submitted his reply as proceedings against him have been suspended till his presence in the team probing the high profile case.

The show-cause to Irfan Mangi dated 25th April 2017 states, "You are informed through this notice that your initial appointment in NAB as Deputy Director was inconsistent with TSC 8.02 & NAO, 2002 on account of the following: - "The experience certificate from previous department does not Indicate if it is acquired in the fields of Investigation/inquiries/ research/legal matters"

2. AND WHEREAS I, as Competent Authority am satisfied that Show Cause Notice should be issued to you on the basis of above mentioned grounds and in pursuance of Judgement of the Supreme Court of Pakistan dated 31-03-2017 in suo moto case No. 13/2016 and in accordance with section 8.02 of NAB's TCS.

3. THEREFORE, you are called upon to appear and show cause within 10 Days from the receipt of this notice as to why your services may not be terminated as per section 8.02 of National Accountability Bureau (NAB) employees Terms and conditions of Services (TCS), 2002. Your reply will be examined by the committee comprising the following and after affording your opportunity of hearing, record its findings for transmission to Chairman NAB:-

a.Mr. Syed Tahir Shahbaz, Secretary (Establishment) Chairman b. Mr. Habibullah Khan Khattak, Member from FPSC Member c. Mr. Muhammad Shakeel Malik, DG (HRM), Member. If no reply to this Show Cause Notice is received within 10 days, it will be presumed that you have no defence to offer in the matter enabling imposition of the appropriate penalty. You should also state if you wish to be heard in the committee or not."