Returning ill-gotten money to NAB: SHC orders suspension of 500 officers

KARACHI: The Sindh High Court on Thursday directed the chief secretary to ensure that all such government officials who offered voluntarily return of ill-gotten money or returned the money under plea bargain with the National Accountability Bureau but continue to work on their positions, be suspended with immediate effect and disciplinary proceedings be initiated against them.

The direction came on a petition seeking removal of over 500 officials and employees who despite entering into plea bargain with NAB or through voluntarily return (VR) of ill-gotten money were allowed to work in government departments. The Muttahida Qaumi Movement’s deputy convener Kanwar Naveed Jamil submitted in the petition that an alarming situation has been created in the Sindh government’s bureaucracy due to mismanagement and corrupt practices by the investigation agencies where civil servants have been allowed back into their positions following their entry into plea bargain or voluntarily return of the ill-gotten gains to the NAB.

Furthermore, the petitioner’s counsel Salman Mujahid submitted that the Sindh government has allowed promotions and postings of over 500 such government servants. He submitted that the provincial government and its departments are indulging in gross violation of law by allowing the corrupt officials to enjoy the postings despite being convicted under Section 25 of the NAB Ordinance.

The counsel said that the voluntarily return of the money and assets acquired through corrupt practices by a public servant or civil servant makes them liable to departmental proceedings. He submitted that after admission of the guilt, the accused cannot assume the public office in any state-owned organization.

He submitted that the court needs to examine the vires of Section 25 (a) of the NAB Ordinance authorizing the chairman NAB to accept offer of voluntarily return of the amount illegally earned. He contended that such provisions were in conflict with the provisions of the Constitution where such power can only be exercised by a judicial forum as after the voluntarily return and plea bargain, the accused goes scot-free without any stigma on their career.

The Sindh chief secretary filed a partial compliance report of details of officers who entered into voluntary return (VR) and plea bargain. But he did not file details of similar officers and employees working in school education, local government and health departments. He submitted the issue of vires of section 25(a) of the NAB Ordinance remained under adjudication before the Supreme Court and the SHC and both issued several directions in this regard in 2016-2019. He said that departmental proceedings were initiated against the VR employees and they were penalised under the law.

The SHC’s division bench, headed by Justice Nadeem Akhtar, after perusal of the chief secretary’s report observed that prima facie all the government servants are still serving in the government of Sindh despite plea bargain or opting for VR, which clearly amounts to admission of indulgence in corruption and corrupt practices.

The court directed the chief secretary to ensure that all such civil/government servants are placed under suspension with immediate effect and disciplinary proceedings should be initiated against them forthwith under Rule 5 of Sindh Civil Servants Rules 1973. The court observed that the Sindh government should impose penalty/punishments on such officers/employees commensurate to the charge/offence against them instead of imposing a minor penalty as an eyewash.

The court directed the chief secretary to submit written explanation as to why they were promoted and or allowed to continue with their postings and duties in violation of the law laid down by the Supreme Court. The court issued a notice to CS to submit compliance report strictly in terms of the court order.

The court was informed by the petitioner’s counsel that the Sindh government has suppressed the names of several hundred government servants who entered into plea bargain. The court also issued notices to chairman NAB and special prosecutor NAB to submit a complete list of such government/civil servants of the Sindh government.