NAB committee to refer JIT member case to SC
ISLAMABAD – The special probe committee in illegal appointments case in the National Accountability Bureau has decided to refer the case of alleged illegal appointment of JIT member Irfan Mangi to the Supreme Court as a court order had barred the departments to ensure service protection of the JIT members.
Documents available with The Nation said: “This August Court vide orders dated 26.10.2017, reconstituted the committee by replacing Tahir Shahbaz, ex-secretary Establishment Division with Mian Asad Hayauddin, current Secretary Establishment Division. The committee was directed to complete the assignment of security of initial appointment and appointment by promotion of NAB officers and submit report thereof within 08 weeks.
In compliance, the committee afforded personal hearing to 50 Additional Directors (BS-19) during the period from 06.11-2017 to o10.11.2017. After examination of record, reply of the officers and stance taken by them during personal hearings, the committee has finalised its report which is being submitted through this CMA.”
It further said: “During proceedings of the committee, initial appointments and subsequent promotions of the officers were examined. The scrutiny of record, giving personal hearings and drafting/ compilation of report was in arduous job, therefore, it took time. Now the committee has to examine the initial appointment and appointment by promotion of Directors (BS-20) and Directors General (BS-210 , however, the Supreme Court of Pakistan in its judgment in CPNO.29 of 2016 etc (Panama case)ordered in respect of JIT members that “ the tenure of service shall be safeguarded and protected and no adverse action of any nature including transfer and posting shall be taken against them without informing the monitoring judge“. That prior to this order, a show cause notice had already been issued to one of the member of JIT Irfan Naeem Mangi Director (BS-20) of NAB on the directions of the Court in SMC No.13/2016, therefore. A submission is being made to the Monitoring Judge, accordingly. The posts in BS-20 to BS-21 are very sensitive in nature and demand careful examination of the record. Further the member of FPSC remains out of the city in connection with the interviews of CSS, it is most respectfully prayed that the Committee may be accorded with two members to complete the given task.”
The committee report further said: “The committee in its report has recommended that the officers whose appointment is not in order would be repatriated to their respective parent departments. In this regard, it is submitted that earlier, this august Court vide para 31 of judgment dated 31-03-2017 in SMC-13/2016 allowed one Adnan Shahzad Asghar to be repatriated to his parent department the National Bank of Pakistan and Bank in turn, shall allow him to join. He shall be given seniority and promotion along with his batch mates as if he was never repatriated. Termination will not come in the way afore said officer. On the same analogy, it is prayed that his benefit may also be allowed to all those officers whose repatriation has been recommended by the committee.”
It said that Mian Asad Hayaauddin, head of the committee, is no more Secretary Establishment Division as Maroof Afzal has been posted as new Secretary Establishment Division vide notification dated 15-12-210. Therefore, this the court is requested to give necessary directions that whether he will continue as head of the committee to examine the appointment cases of remaining officers or the task will be assigned to newly posted Secretary Establishment Division.
NAB agrees to the report of the committee which has been prepared in accordance with law after scrutiny of each paper and is in line with the NAB employees TCS and MAQ-2002. It is being implemented within 15 days as per orders of this august court dated 31.03.2017 in SMC No. 13/2016.
Earlier, talking to The Nation Committee Chairman Asad Hayuddin said the appointments of 80 percent officers of the NAB made on merit.