Planning ministry official moves court against his office

Says criminal case needs to be registered against planning secretary, adviser development budget

ISLAMABAD: A senior officer of the planning ministry has moved court against his secretary and advisor development budget, pleading to order the National Accountability Bureau (NAB) to register a criminal case against them on allegations of nepotism and embezzlement of public funds.

The Planning Ministry’s Joint Chief Economist Operations, Dr Ali Bat Khan, filed the petition in the Islamabad High Court (IHC) under Article 199 of the Constitution. Khan has also requested the court to declare appointment of Asif Sheikh, Advisor Development Budget, illegal and recover the salary from him.

In his petition, Khan has accused the planning secretary of patronising the advisor development budget and deceiving the prime minister by extending Sheikh’s service contract without his approval.

Khan is the senior most member of the Economist Group and is heading the sections responsible for economic operations of the Public Sector Development Programme. He is in-charge of public investment programming, development budgeting and financing, economic appraisal and public investment authorisation sections.

He has made accusations that the advisor development budget and planning secretary were hindering him “to perform his official functions, duties and operations as per rules and law”.



Khan has also pleaded court to give directions to Prime Minister’s Office, planning secretary and establishment division secretary “not to humiliate, harm or take any adverse action against the petitioner” because of his act of going to the court.

Justice Miangul Hasan Aurangzeb has admitted the petition.

“It is also prayed that a criminal case of corruption, nepotism, embezzlement of public money and misuse of authority, be ordered to NAB against Respondent No 2 (Asif Sheikh) and Respondent No 4 (planning secretary)” in the larger interest of justice and to safeguard public money,” according to the petition.

The petitioner pleaded that Sheikh “has never been appointed after the age of 65 years or given approval as advisor development budget by Prime Minister of Pakistan” but Shiekh, who will turn 70 in March 2018, was still working. The advisor development budget and planning secretary are also deceiving the prime minister and are involved in unlawful activities, he alleged.



Planning secretary has “unlawfully ordered and forced the petitioner to be silent”, claimed Khan. “Asif Sheikh obliges government by playing with the public money for their political management of the MNAs through giving them billions of rupees development funds,” according to the petitioner who has all the inside information. He went on to claim that these funds are being provided by advisor development budget through re-appropriation.

“The budgeted funds approved by parliament are distributed as per guidelines approved by the Cabinet and the National Economic Council,” said a spokesmen of the planning ministry on Friday, while commenting on the situation. He said that that these funds are not distributed to individuals but to provinces and ministries through their principal accounting officer for execution of project in public interest.

Sheikh was not using any financial or administrative powers, claimed the spokesman. “The contractual appointments are done in accordance with a system,” further claimed the spokesman but he failed to mention rules that allow a 70-year-old person to be hired on a post that undermines regular functioning of the ministry.

Khan pleaded before the court that the advisor development budget was re-employed in MP-III without the approval of the competent authority, immediately after his retirement in March 2008. The advertisement for recruitment of advisor for the project shows that the appointment would be made for one year on contract but Sheikh was given initial contract for two years in violation of the advertised terms and conditions, he informed the court.

It has been further pleaded that only the prime minister is the competent authority to appoint people in basic pay scale 20 and above as well as the officers on market packages of Management Pay scale.

“The Auditor General of Pakistan has observed that Advisor Development Budget’s working and extension beyond 65 years of age is unlawful,” according to the writ petition, adding that the maximum age for re-employment is 65 years under a 2007 circular of Establishment Division.

“The respondent No 2 (Asif Sheikh) is a private person but unlawfully carrying out official work for last seven years of the sections under control of the petitioner and creating hindrance and interfering in performance of official role with the connivance and patronage of Planning Secretary”.

Published in The Express Tribune, December 16^th, 2017.

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