SC denotifies four NAB DGs; sets up probe committee

Author: Syed Sabeehul Hussnain

ISLAMABAD: The Supreme Court on Wednesday ordered National Accountability Bureau (NAB) chairman to denotify four director generals (DGs), including three army officials, inducted in the anti-corruption watchdog in violation of the eligibility criteria.

The four officers against whom the denotification order has been passed are: DG Lahore region Major (r) Burhan Ali, DG Quetta region Major (r) Tariq Mehmood, DG Karachi region Major (r) Shabbir Ahmed and DG Awareness and Prevention Aliya Rasheed.

A day earlier, two other officials; Muhammad Younas and Captain (r) Farrukh Naseem, serving in Lahore region on the posts of directors, had opted for premature retirement while the two other officials including Additional Director Quetta SM Amir and Deputy Director NAB Lahore Ansar Yaqoob had opted for repatriation to their parent departments.

The top court also formed a committee headed by Establishment Division secretary Syed Tahir Shahbaz and comprising a member of Federal Public Service Commission (FPSC) to be nominated by its chairman and DG Human Resources of NAB Muhammad Shakil Malik. The committee will examine around 95 appointments, which were found to be inconsistent with the prescribed criteria, and record its findings within two months. The top court directed the FPSC chairman to notify the name of the member within a week. The top court ruled that the above said committee will also examine 137 cases of promotions in NAB which, according to the Establishment Division secretary, were found inconsistent with the rules and regulations.

Some 35 officers, out of 137, have already retired while the committee will serve show-cause notices to the serving officers offering them an opportunity of hearing. The committee is directed to make its findings within two months.

Disposing of the suo moto case regarding illegalities, contraventions and violations in appointments of officials in NAB, a three-judge bench headed by Justice Amir Hani Muslim ruled that appointments to the vacant posts can be made through the Federal Public Services Commission.

While dictating the order, Justice Hani observed that availing the services of public service commission will bring transparency within NAB, adding that once the structure was streamlined then NAB would not be excusing for its jurisdiction. The top court authorised NAB Chairman Qamar Zaman Chaudhry to fill posts on a temporary basis until the new appointments were made through the FPSC.

The top court, however, ruled that the de-notified officials would be entitled to pensionary benefits, perks and privileges.

During the course of hearing, the three-judge bench in its observations hoped that all vacancies would be filled on merit and in view of Article 240 of the constitution.

The proceedings into the case took an interesting turn when denotified DG Awareness and Prevention Aliya Rasheed started sobbing uncontrollably and argued that she was a ‘highly qualified’ person. Justice Hani observed that emotions had no place in law, adding the court could not overrule the law.

Justice Qazi Faez Isa observed that she could have been hired as a consultant for awareness but her appointment was the matter of a permanent post.

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