KARACHI: Additional Director of National Accountability Bureau (NAB), Sukkur, has challenged the competence of incumbent chairman NAB Justice (retd) Javed Iqbal with regard to current promotions of NAB officers and the appointment of Dr Najaf Mirza as Director General of NAB Karachi and as a member of NAB’s departmental promotion committee, at the Islamabad High Court.
Additional Director NAB Sukkur Faheem Qureshi, by impleading the Federation of Pakistan through the Secretary, Ministry of Law & Justice, Government of Pakistan, Islamabad, National Accountability Bureau, through its Chairman, Departmental Promotion Board, through its President namely Zahir Shah, NAB HQ, Islamabad, Hasnain Ahmad, Member, Departmental Promotion Board, Islamabad, and Dr Najaf Quli Mirza, Member Departmental Promotion Board, presently posted as Director-General, NAB, Karachi, as respondents before the Islamabad High Court, prayed the court to declare the current promotions of NAB officers as illegal and unconstitutional and declare the initial appointment of DG NAB Karachi Dr. Mirza as illegal.
In his petition, Additional Director Qureshi narrated that he was appointed as Deputy Director in BS-18 after due process of law and competitive process in the year 2007 and thereafter, in 2014, the petitioner was promoted in BS-19 as Additional Director and was assigned the charge of Director (International Cooperation Wing) at the NAB Headquarters, Islamabad. Since 2018, the petitioner is working as Additional Director [Awareness & Prevention Wing] and Additional Director, Administration Wing, at NAB, Sukkur.
The petitioner, Qureshi, added that during his service with NAB, he completed the requisite courses of Basic Investigation Course, Mid-Career Management Course [MCMC] and Senior Management Course [SMC] successfully for his further promotion.
Qureshi further narrated that the respondent in the petition Justice (retd) Javed Iqbal was appointed as chairman NAB vide Notification dated 08-10-2017 for “a non-extendable period” of four years, which stood expired on October 07, 2021 and then on October 07, 2021, the federal government promulgated “National Accountability (Second Amendment) Ordinance, 2021” and by virtue of Section 5 of the said amendment, the Section 6 of NAO, 1999, was amended wherein it is provided that “on expiry of the period of four years, the incumbent chairman may be appointed for another period of four years by the president in the same manner as provided for appointment in clause 1&2 of sub-Section-b, provided further that till assumption of charge by chairman appointed under this Section, the outgoing chairman shall continue to act, exercise authority and perform functions as chairman and shall have all powers vested in the chairman under this ordinance,” added the petitioner.
The petitioner further added that aforementioned statutory provision notwithstanding, the Ministry of Law & Justice had not issued any notification to give effect to the above-mentioned amendment pertaining to chairman NAB after his expiry of four years term; fixed in such situation, the chairman through his Director [Chairman Secretariat] had got issued the following direction to all DGs & PGA & DG(Ops): “Consequent upon promulgation of National Accountability (Second Amendment) Ordinance, 2021 dated 6th October 2021, NAB HQ is seeking guidance of the Ministry of Law & Justice regarding questions of interpretation and clarification of some points. It is therefore apprised that directions of all matters will be kept in abeyance till receipt of advice from the Ministry of Law & Justice.”
The petitioner described that consequent upon the above-mentioned direction of chairman NAB, all official matters concerning NAB were held in abeyance and that direction is still in the field. Neither that direction has been superseded nor withdrawn till date.
The petitioner argued that the Chairman Justice (retd) Javed Iqbal even after completion of his four years “non-extendable term“ in order to reward his blue-eyed employees recently constituted a Departmental Promotion Board in the light of rules known as “Terms and conditions of service 2002” comprising Zahir Shah of NAB Islamabad, Hasnain Ahmed of NAB Islamabad and Dr. Najaf Mirza, DG NAB Karachi, for promotion of “eligible” candidates from Grade 18 to Grade 20. The decision and direction of chairman NAB that “all matters will be kept in abeyance till receipt of advice from the Ministry of Law & Justice” notwithstanding, the very constitution of respondent Board is contrary to law, as the qualification and appointment of members of the Departmental Promotion Board are illegal and against the authoritative pronouncement of the apex court.
The petitioner further argued that the DG NAB Karachi Dr Najaf Qulli Mirza is an MBBS doctor, who through CSS examination joined the Police Service of Pakistan; however, for his induction in NAB on deputation, he lacked the qualification as per NAB’s “Terms and Conditions of Service 2002” and also in the light of judgement of the apex court reported as 2017 SCMR 838, because he was not qualified for initial appointment in NAB, therefore, he could not be taken on deputation as well. The very constitution of Departmental Promotion Board by the respondent No.2 and induction of Dr. Mirza in NAB and then his inclusion in the respondent board is liable to be set aside on the following amongst other grounds.
The petitioner concluded that hence the promotion board is without any legal foundation and laws, therefore, all the decisions regarding promotions should be set aside and declared illegal.
