SHC seeks comment on chief minister reducing relative’s penalty

The Sindh High Court (SHC) has directed the province’s additional advocate general (AAG) to seek instructions as to the propriety of the chief minister sitting in judgment on his close relative and reducing the penalty recommended by the chief secretary.

The direction came on a court order issued on the bail petitions of District Account Officer Ghulam Mustafa and others in corruption cases in which the court had ordered the Sindh government to take action against government officers who benefited from the National Accountability Bureau’s (NAB) voluntary return (VR) scheme.

The court had taken notice over the appointment of government officer Syed Mehdi Ali Shah as Sindh social welfare workers secretary despite the fact that he had entered himself in the VR scheme and departmental proceedings had been initiated against him.

The court was informed that departmental proceedings have been completed against the officer and he was fined with a minor penalty of withholding of his increment. The court had expressed surprise over the conduct of the competent authority and the inquiry officer that a person who had entered himself in the VR scheme by admitting his guilt had been meted out a minor penalty and was provided with an important posting.

The court observed that it was revealed that Shah had been awarded a minor penalty by the chief minister, as both of them are closely related, despite having recommended a more severe penalty by the chief secretary.

The court directed the Sindh AAG to seek instructions as to the propriety of the chief minister sitting in the judgment on his close relative, especially as he had reduced his proposed penalty.

The court also asked the AAG if it would be preferable and in the interest of justice, if, in order to avoid the adverse perception being created, the inquiry against Shah should be set aside and de novo proceedings initiated against him.

The court directed the provincial law officer to place on record a list of all government officials and servants, whether on contract basis or otherwise, who had entered themselves in the VR scheme for less than Rs2.5 million and whose cases have been finally adjudicated, along with the details of the VR amount and the penalties imposed on them.

The court observed that the provincial law officer shall assist the court on the issue as whether any government servant who had confessed to acts of corruption by way of the VR scheme or a plea bargain under the NAB Ordinance 1999 could be imposed a penalty of anything other than dismissal from service or compulsory retirement from service.

The SHC’s division bench headed by Justice Mohammad Iqbal Kalhoro also directed the CS to file his affidavit within two days to the effect that no officer who had entered himself in the VR scheme is posted at any government office of the province and that departmental proceedings have been initiated against them.

The court also directed the CS to inform the establishment secretary that former finance secretary Syed Hasan Naqvi has entered himself in the VR scheme and that the establishment division should to initiate departmental proceedings against him because of that. The court then adjourned the hearing until May 29.

The Sindh additional secretary had earlier informed the court that all the officers who had benefited from the VR scheme were removed from their posts and departmental proceedings had been initiated against them.

Filing a compliance report, the additional secretary had submitted that 477 employees from 13 government departments who had opted for the VR scheme were removed from their posts and disciplinary proceedings were initiated against them.

The report stated that the government had initiated disciplinary proceedings against 216 officers, but action could not be initiated against 172 officers; 11 officers were awarded minor penalties and 28 major penalties, with proceedings against 13 under way. The report stated that 29 officers had retired while eight had passed away.