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March 14, 2019

Govt clarifies report on clipping of ACEs’ powers

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March 14, 2019

ISLAMABAD: A Spokesman of the Ministry of Law has clarified a news item carried out by a section of media alluding that the Federal Government had restrained the Provincial Anti-Corruption Departments powers without the approval of the prime minister, says a press release Wednesday.

The Spokesman clarified that the present practice of proceeding against Federal Government employees working in provincial governments is governed by Section 6 (5) of the Pakistan Criminal Law Amendment Act, 1958 which stipulates that if the previous sanction is not available or filed with the learned Special Judge (i.e. the learned Special Judge) shall immediately address a letter to the Federal Government directing it to submit to the prosecution and in case the learned Special Judge does not receive any reply within 60 days of his letter to the Federal Government, the sanction to the prosecution “shall be deemed to have been duly accorded”.

Ansar Abbasi adds: The Law Ministry clarification is an unbelievable contradiction of what has already been implemented on ground at least by Punjab government citing Law Ministry’s Office Memorandum.

For the information of the Law Ministry and readers, the following are the directions of the Punjab government.

On 7th March, the S&GAD issued official letter on the subject “instructions regarding disciplinary and other proceedings against the employees of the federal government”.

The official communication reads as: “I am directed to refer to the Office Memorandum No. 589/2018- Law-I dated 07.02.2019 of the Ministry of Law and Justice, government of Pakistan on the above-cited subject.

2. I am further directed to reproduce below the instructions issued by the Ministry of Law and Justice in respect of the Federal Government Employees, working under the administrative control of the Provincial Governments: ‘The employees of the Federal Government are lent to the Provincial Governments. It is settled principle that any disciplinary or other proceedings, against such employees, can be taken by the Federal Government only. All the cases of Federal Civil Servants are dealt with by the Special Judge Central and investigation is done by FIA as per law.

The world Appropriate Government, used in the relevant law, has been effectively interpreted by the Supreme Court in the decision cited at 1993 SCMR 61 wherein it was held that even sanction for prosecution for such employees has to be taken by the Federal Government.

Therefore, Provincial Anti-Corruption Departments do not have jurisdiction on the Federal Civil Servants regardless of their posting under the Provincial Governments.’ 3. I am also directed to bring it to the notice of all concerned for necessary compliance.”

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