ISLAMABAD: The Federal Investigation Agency (FIA) on Thursday informed the top court that appointments and promotions within the agency were made illegally by the Pakistan People’s Party (PPP) government back in the 90s.
Admitting the irregularities, the FIA informed the Supreme Court in its 17-page reply that the appointments and promotions of seven officers, including inspectors, assistant directors and deputy directors, were made without advertisements and in violation of the Federal Public Service Commission (FPSC) Ordinance 1977 as well as without obtaining the no-objection certificates (NOCs).
The reply, however, revealed that the seven officers were terminated under the termination policy of interim government but they were reinstated by Syed Khurshid Shah, the current opposition leader, who was federal minister and chairman of the sub-committee on sacked employees in the previous government of the PPP. These reinstatements were made in violation of the Sacked Employees (Reinstatement) Act 2010, reply contended.
The agency further stated that the officials were appointed on an ad-hoc basis but due to different litigations and stay orders by the courts they remained in service. According to the reply, Deputy Director FIA Tahir Jan Durrani was appointed in 1994 for the post of inspector (BS-16) on an ad-hoc basis for a term of two years and the interim government terminated him in 1996 but he remained in service due to a stay order from a court. The court in its final judgment had ordered the DG FIA to offer Durrani a contract for two years or till the joining of nominees of FPSC but Durrani failed to be selected. Durrani was promoted to the rank of deputy director (BS-18) on the basis of illegal promotions made by alleged DPC despite his failure to be selected through the FPSC, the FIA admitted.
Likewise, Rehmatullah Dhomki was recruited as a sub-inspector on an ad-hoc basis in 1989 by the Placement Bureau illegally and adjusted against the existing vacancy at Karachi. On the recommendation of the departmental selection committee, he was regularized and later promoted to the rank of inspector (BS-16).
Similarly, Ahmed Jan, recruited in 1989 on ad-hoc basis as inspector in Karachi, was regularized by PPP co-chairperson Asif Ali Zardari, the then President of Pakistan in 2009, by relaxing Section 11b and 23 of the Civil Servants Act, 1973.
Gul Sher, who was also recruited in 1989 on an ad-hoc basis on the post of inspector by the Placement Bureau in PPP government without advertisement and NOC from FPSC and the Establishment Division violating FPSC Ordinance 1977 and Rules 1978, was regularized by the then President Zardari, the FIA report stated.
The reply further said that Rasheed Ahmed Soomro was appointed in BS-16 on an ad-hoc basis in 1995 in violation of the FPSC Ordinance 1977. He was terminated by the interim government, however the former Federal Minister and Chairman of the sub-committee on sacked employees, Syed Khurshid Shah reinstated him, stated the FIA.
The FIA further submitted that Alam Zeb was appointed in 1993 as inspector on an ad-hoc basis in violation of the rules and now he was serving as Deputy Director at Anti-Corruption Establishment, Khyber Pakhtunkhwa. He was terminated on corruption charges but Syed Khurshid Shah reinstated him during the previous government.
Zafarul Haq Qasmi, appointed in BS-16 in 1992 and now serving as assistant director in Karachi, was also reinstated by Syed Khurshid Shah with full back benefits as provided U/S 4-A of the Sacked Employees (Re-Instatement) Act, 2010.
Law officer Sajid Ilyas Bhatti representing FIA requested the divisional bench of top court headed by Justice Gulzar Ahmed to declare the reinstatement of Tahir Jan Durrani, Rasheed Ahmed Soomro, Alam Zeb and Zafrul Haq Qasmi illegal, void and ab-initio and in violation of Section 4-b and Section 13 of the Sacked Employees (Reinstatement) Act.
He further pleaded that the top court declare presidential order in favour of Ahmed Jan and Gulsher as void and ab-initio being illegal, contending that they were recommended by FPSC as ‘unfit’ during test/interview in 2006.
The top court while adjourning the case for date-in-office directed the officers to submit their reply within two weeks.
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