April 02 , 2017
PM can’t give policy about NAB laws: SC
Says bureau has admitted defects in appointments and promotions; orders formation of committee for review; issues detailed judgment
ISLAMABAD: The prime minster is not empowered to issue a policy about the National Accountability Bureau (NAB) laws, declared the Supreme Court of Pakistan on Saturday in its detailed judgement in the suo moto case of illegal appointments in NAB.
It said no legal justification was given for illegal appointments and promotions on higher posts. Rather, the NAB has admitted defects in appointments and promotions.
The court ordered the formation of a committee to review appointments and promotions.
The court said the NAB chairman has no authority to relax rules for appointments and promotions.
The detailed order is written by Justice Amir Hani Muslim.
The court said, “The initial appointments of 05 officers namely Muhammad Fahad Khan, Yasir Mehmood, Karim Bux, Haroon Bhatti, and Adnan Shehzad Asghar, whose names have been mentioned at page 86 of C.M.A.No.1748 of 2017, have been found to be inconsistent with the National Accountability Bureau (NAB Employees Terms and Conditions of Service) (TCS), 2002. The learned counsel for these officers, stated that one of these officers, namely, Adnan Shehzad Asghar may be allowed to be repatriated to his parent department, i.e. the National Bank of Pakistan.”
The court said, “We have gone through the concise statement filed by the NAB and have noticed that appointments made in the NAB are, prima facie, violative of the principles enunciated by this count in the cases reported as Contempt Proceedings Against Chief Secretary, Sindh and others (2013 SCMR 1752) and Ali Azhar Khan Baloch vs. Province of Sindh and others (2015 SCMR 456). The NAB has taken the stance that these judgments do not apply to their employees on the ground that they are not civil servants. This stance is completely in conflict with the observations made by this Court in para 121 of the judgment Ali Azhar Khan Baloch (supra) where this Court has held that the principles laid down in the aforesaid judgments would be applicable to the civil servants, government servants and all other employees serving in different statutory organizations which are working under the administrative control of the Government.”
The court said, “We have heard the learned counsel for the NAB and have perused the report submitted by the committee on the issue of appointments made in the NAB. We are not satisfied with the report. The stance of the NAB that a committee comprising senior officers of the NAB and the Establishment Division was constituted to scan the appointments made in the NAB, is also incorrect, as the report submitted by the NAB reflects that the representative of the Establishment Division has not signed it.”