ISLAMABAD/ KARACHI: The Islamabad High Court (IHC) on Monday served notices to respondents on a petition against the promotions of officials of National Accountability Bureau (NAB).
Justice Tariq Mehmood Jahangiri heard the case filed by NAB Additional Director, Sukkur, Faheem Qureshi regarding the promotion matters in NAB.
In his petition the Faheem Qureshi, by impleading the Federation of Pakistan through the Secretary, Ministry of Law & Justice, NAB, through its chairman, Departmental Promotion Board, through its president as respondents before the IHC, prayed the court to declare the current promotions of NAB officers as illegal and unconstitutional and declare the initial appointment of DG NAB Karachi Dr Mirza as illegal.
The petitioner narrated that the respondent in the petition was appointed as chairman NAB vide Notification dated 08-10-2017 for "a non-extendable period" of four years, which stood expired on October 07, 2021 and then on October 07, 2021, the federal government promulgated "National Accountability (Second Amendment) Ordinance 2021" and by virtue of Section 5 of the said amendment, the Section 6 of NAO, 1999, was amended wherein it is provided that "on expiry of the period of four years, the incumbent chairman may be appointed for another period of four years by the president in the same manner as provided for appointment in clause 1&2 of sub-Section–b, provided further that till assumption of charge by chairman appointed under this Section, the outgoing chairman shall continue to act, exercise authority and perform functions as chairman and shall have all powers vested in the chairman under this ordinance," added the petitioner.
The petitioner further added that aforementioned statutory provision notwithstanding, the Ministry of Law & Justice had not issued any notification to give effect to the above-mentioned amendment pertaining to chairman NAB after his expiry of four years term; fixed in such situation, the chairman through his Director [Chairman Secretariat] had got issued the following direction to all DGs & PGA & DG(Ops): "Consequent upon promulgation of National Accountability (Second Amendment) Ordinance, 2021 dated 6th October 2021, NAB HQ is seeking guidance of the Ministry of Law & Justice regarding questions of interpretation and clarification of some points. It is therefore apprised that directions of all matters will be kept in abeyance till receipt of advice from the Ministry of Law & Justice."
The petitioner described that consequent upon the above-mentioned direction of chairman NAB, all official matters concerning NAB were held in abeyance and that direction is still in the field. Neither that direction has been superseded nor withdrawn till date.
The petitioner argued that the NAB chairman even after completion of his four years "non-extendable term" in order to some employees recently constituted a Departmental Promotion Board in the light of rules known as "Terms and conditions of service 2002" comprising Zahir Shah of NAB Islamabad, Hasnain Ahmed of NAB Islamabad and Dr. Najaf Mirza, DG NAB Karachi, for promotion of "eligible" candidates from Grade 18 to Grade 20. The decision and direction of chairman NAB that "all matters will be kept in abeyance till receipt of advice from the Ministry of Law & Justice" notwithstanding, the very constitution of respondent
Board is contrary to law, as the qualification and appointment of members of theDepartmental Promotion Board are illegal and against the authoritative pronouncement of the apex court.
The petitioner concluded that hence the promotion board is without any legal foundation and laws, therefore, all the decisions regarding promotions should be set aside and declared illegal.
The court served notices to respondents and adjourned the case. However, the NAB sources, when contacted, said that the respondents in the Bureau would submit their replies in the court.
