Islamabad - The Capital Development Authority (CDA) has approved new Standard Operating Procedures (SOPs) for smooth functioning of its law directorate.

The lawyers on the pool of Capital Development Authority have been divided into three categories based on their qualification and work experience as per newly-approved SOPs.

Nature of cases to be assigned to each category of lawyers has also been finalised as per financial worth of each case.

In this connection three categories of panel lawyers have been formulated. Category A will comprise of lawyers having foreign legal degree/PhD and equivalent degrees in law.

The experience for category – A lawyers would be minimum 7 years or LLB degree with at least 10 years experience as Advocate Supreme Court / High Court. Category – B of penal lawyers will have to be a foreign law degree holder /PhD (Law) or equivalent qualification in law having 5 years experience as advocate High Court or 7 years experience in case of LLB degree holder. Category – C will comprise of the advocates having LLB foreign legal degree / PhD (Law).

Minimum experience for this category has been set two years as advocate High Court.

Similarly, different categories of the cases, depending upon their nature have also been formulated which will be dealt by respective category lawyers.

All cases involving financial implication of Rs300 million and above or challenging a major policy/act / rules/regulations of CDA, involving important service matters and cases affecting major service / organisational structure, causing a negative effect on development works of Capital Development Authority would be dealt by the category-A employees. Category-B lawyers would deal the cases involving financial implications less than Rs 300 million to Rs 50 million while category-C will deal cases in which CDA is performa - party.

After receiving the notice, DDG (Law), will determine the nature of the case and then decide the category in which the case falls in.

In case of Category A, DDG (Law) shall seek a prior approval from Member (Admin) before appointing a lawyer for the case.

In such a case DDG (Law) shall also make recommendations and in doing so, preference should be given to Legal Advisor or an Additional legal advisor over the panel advocates.

The entrustment of the case would be made to those lawyers who exhibit good performance and professionalism. If Member administration does not agree with recommendations of DDG (Law), he can nominate legal advisor / additional legal advisor or a panel advocate. As far as possible, non-panel Advocates shall not be engaged other than CDA cases, however, Member Administration may assign the case out of the panel with the approval of Chairman CDA.

Similarly, while assigning cases of category B, DDG (Law) will scrutinise the case to identify the nature of the case and decide its category.

If the case appears to be category B DDG (Law) shall assign the case to any of lawyer depending upon the performance and professionalism in pursuing the Capital Development Authority Cases. Once the penal is chosen, DDG (Law) will assign the case depending upon case nature and expertise and field of practice of the lawyer.

Similarly, after identifying category of the case, DDG (Law) will assign C category cases to any lawyer on the penal of the Authority depending upon good performance and professionalism in CDA cases.

If the cases are to be withdrawn from the appointed council procedures have also been prepared.

The cases of category A will be withdrawn from the council on the recommendation of DDG (Law) and with the approval of Member Administration.

While in all other cases withdrawal would be made by the DDG (Law). The withdrawal of the cases would be made due to the reasons including the appointed cases could not pursue the case due to certain unavoidable circumstances, the appointed council not pursue the case in accordance with the directions given to him by concerned by the authority.

Similarly, if the case is decided Ex-parte due to non-appearance of the council or continuous non-appearance or Competent Authority of the view that the performance of the council is not satisfactory.

Moreover, no officer, witness or council of CDA will give any statement before the court or any other forum without prior approval of Chairman, CDA or CDA Board in Category A cases.

Similarly, in other cases, approval of Director General and Director concerned would be mandatory.

Lawyers will be removed from the panel of the Capital Development Authority by the approval of Member Administration and on the directions of the DDG (Law) on the grounds as having found guilty of acts of omission or commission constituting misconduct, failing to disclose his personal trust or professional association which in its conflict with or otherwise compromises in position as Capital Development Authority Lawyer.

Making an unauthorized statement during the course of litigation, failing to attend courts proceedings and furnishing fake or frivolous fee bill would also lead to ouster of the lawyer.

 

This news was published in The Nation newspaper. Read complete newspaper of 12-Oct-2017 here.