ISLAMABAD-The Islamabad High Court (IHC) on Friday issued notices to federation in a petition challenging the appointment of Raja Naeem Akbar as Secretary Ministry of Law.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani conducted hearing of the petition filed by G. M. Chaudhry, Advocate on behalf of M. Nasir Ali, Advocate and directed the respondents to submit their reply in this matter.
The IHC bench also directed Attorney General for Pakistan to appear before the court on the next hearing to assist the court and deferred the hearing till October 20.
In his petition, he cited federation of Pakistan through Prime Minister, Minister for Law and Justice as Chairman of Selection Board for MP positions, Secretary Ministry of Law, Secretary Cabinet Division, Secretary Establishment Division, Secretary Finance, Raja Naeem Akbar, Chairman National Accountability Bureau (NAB) and others as respondents.
The counsel for the petitioner adopted that Raja Naeem is not a Civil Servant as he is appointed on contract basis and his appointment and other terms and conditions of service are not governed by the Civil Servants Act, 1973 and he has been given the additional charge of the post of Secretary Law vide Notification F. No. 40/561/2013-E-I, dated 08-09-2020 for a period of two months.
He added that it is patently illegal as there is no provision of appointment on Additional Charge basis. The petitioner contended that the appointment of Akbar even as the Senior Consultant (MP-I) is patently in violation of instructions and criteria and illegal ab initio by all means and is liable to be set aside ab initio from the date of appointment as the Senior Consultant.
Therefore, he prayed to the court that Akbar may be directed to show under which authority of law is holding the office of the Secretary, Law and Justice Division and his appointment as the Secretary, Law and Justice Division be declared as ultra vires, illegal and coram non judice to the provisions of the Civil Servants Act, 1973 and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and be set aside ab initio.
He also requested the court to declare the actions of the Akbar as the Secretary, Law and Justice Division as well as the Senior Consultant (Contract)(MP-I) and exercise of power as such illegal and misuse of power ab initio and cognizable under section 9 of the National Accountability Ordinance, 1999 and any other law regarding misuse of official authority and public office in force for the time being and further to direct for initiation of necessary criminal prosecution.