ISLAMABAD: Related to ‘News Leaks' a representative of the Establishment Division Wednesday told the Islamabad High Court (IHC) that Federal Secretary Commerce M Younis Dagha has recused himself from becoming inquiry officer in the matter of former principal information officer (PIO) Rao Tehsin Ali Khan.
Younis Dagha was appointed by the federal government to conduct disciplinary proceedings against Rao Tehsin in the light of a report prepared by an inquiry committee headed by Justice (R) Amir Raza. Dagha however recused and now the Establishment Division has forwarded a summary for the appointment of another inquiry officer, its official told the court.
The IHC bench comprising Justice Aamer Farooq was hearing a civil miscellaneous application (CMA) of Rao Tehsin where he had been seeking to consider him for promotion. On last hearing on August 31, the IHC bench had issued notices to the Establishment Division seeking its reply. Justice Farooq while hearing the matter observed that pending inquiry is not an impediment considering Rao Tehsin for promotion.
During Wednesday’s proceedings, the ED official told the court that the whole matter was enquired into by the Ministry of Interior, they got a report and they should submit reply instead of Establishment Division. Justice Farooq at that instance questioned the Establishment Division official that if he didn’t have inquiry report, how come he initiate disciplinary proceedings against Rao Tehsin.
Justice Farooq at the reply of ED official expressed resentment and said that the government department should not try to play games with the court shifting responsibility on each other. The court can summon all the relevant secretaries, Justice Farooq said. He directed the ED to submit reply within one-week by September 14. For his promotion, Rao Tehsin had filed this CMA in his already pending main petition where he has been seeking copy of the inquiry report of News Leaks.
In main petition, Rao Tehsin through his counsel Waseem Sajjad adopted before the court that he has been penalised for the leak of a report related to a high-level meeting. Ironically, he was not part of that meeting. An inquiry committee headed by Justice (R) Amir Raza called the petitioner and asked him about his role in this matter. Before the committee, the petitioner completely denied any role in this regard as he neither attended the meeting nor he was informed about the outcome.
In the light of the report prepared by the committee, secretary to the prime minister on April 29, 2017 issued directions that "Rao Tehsin Ali Khan, PIO of the Ministry of Information, shall be proceeded against E&D rules 1973 on the charges based on findings in the instant report". After this, the Establishment Division issued a notification relieving the petitioner from his duties and he was asked to report to ED. The petitioner said that on May 3, 2017 a notification was issued by the Information and Broadcasting Division stating that the petitioner has been relieved of his duties as PIO while he does not know till today the findings of the inquiry committee or reason for the harsh action against him that resulted in a stigma and public humiliation for the petitioner and his family and also affected his service career.
On April 28, 2017, the petitioner filed an application before the secretary interior requesting him to provide the petitioner a copy of the report so that the petitioner could avail lawful remedies. However, no action was taken on the petitioner's request.
The petitioner on May 2, 2017 and May 13, 2017 also filed applications but without any response. The petitioner contended in the main petition that obtaining report to know about the details of accusations is his right under Article 9 and 19-A of the Constitution. Despite continuous efforts of the petitioner, the inquiry report has not been supplied to him.
The petitioner has prayed to the court to direct the respondents to supply him with a copy of the inquiry report or submit before the court.
