PHC suspends NAB chief’s notification,restores deputy director

PESHAWAR: The Peshawar High Court (PHC) on Friday restored the services of a deputy director of the National Accountability Bureau by suspending its chairman’s notification that had sacked him from the job.

A two-member bench comprising of Justice Irshad Qaiser and Justice Syed Afsar Shah suspended the notification and restored Muhammad Tariq Khan till next order of the court.

The court also issued notice to NAB chairman and its director general in Khyber Pakhtunkhwa to submit reply in the case before the next hearing of the case.Deputy Director Tariq Khan had filed the writ petition through his lawyer Sardar Ali Raza against his termination from the job by the NAB chairman.

During the hearing, the petitioner’s lawyer submitted before the bench that his client was a civil servant in BPS-18 at the Health Department as Planning Officer.He contended that the petitioner applied for the post of deputy director NAB KP by following the proper procedure and was appointed on deputation on March 15, 2013.

The lawyer submitted that under the rules the services of an officer appointed on deputation are returned to the parent department after one year if another department finds his or her performance unsatisfactory. However, he pointed out that in this case the petitioner served two years without any objection or complaint and subsequently the NAB extended his deputation period for another nine months.

Lawyer Ali Raza argued that after serving for one year and getting another extension, the services of an officer could be absorbed in the said department.He noted that though Tariq Khan served for more than two years in NAB in BPS-19, the notification said the petitioner is being reverted to BPS-18 as planning officer. He argued that this is illegal and against the law.

Separately, another bench of the court headed by PHC Chief Justice Mazhar Alam Miankhel summoned Director General (DG) Prosecution and Senior Superintendent (SP) Investigation to the court on December 14. They were directed to explain as to why they had failed to ensure production of police and official witnesses in cases before the trial courts.

The chief justice directed Additional Advocate General Qaiser Ali Shah to ensure the appearance of the Director General Prosecution, Khyber Pakhtunkhwa and Superintendent of Police (Investigation) at the next hearing.

The chief justice took notice of the absence of official witnesses despite the trial courts’ orders for recording their statements in various state cases against the accused.Khog Amin, a resident of Peshawar, had filed an appeal against the decisions of sub-ordinate courts for return of his stolen car from police custody.

The petitioner’s lawyer, Jamroz Khan submitted that some unknown persons lifted the car of his client when he went for shopping in Khyber Bazaar in 2009.He submitted that his client had lodged the first information report in the police station. Later, he said that police during checking found the petitioner’s stolen car.

He said that he had filed a civil suit for return of his car, but the police witnesses were employing delaying tactics and not coming to the court for recording their statements.