Flouting rules: LHC declares NAB Punjab chief’s stay in office illegal
Rana Zahid Mahmood has held office despite the expiry of his contract in April.
LAHORE:
The Lahore High Court (LHC) has declared it illegal for National Accountability Bureau (NAB) Punjab’s director-general to stay in office as his contract has expired.
The division bench, headed by Justice Sheikh Ahmed Farooq, disposed of the petition which said that Rana Zahid Mahmood was serving as NAB Punjab DG in violation of the service rules of NAB Ordinance 1999. The federal law secretary had already informed the LHC that Mahmood, in fact, had no right to function as the provincial DG after his contract expired.
Mahmood’s counsel Asad Manzoor Butt and NAB Prosecutor-General Basheer Ahmed tried to convince the bench that Mahmood was functioning purely according to law. They argued that former NAB chairperson Deedar Hussain Shah, who was removed following a Supreme Court order, had authorised the bureau’s human resources deputy director to issue appointment letters to DGs. Justice Farooq questioned how an officer can issue a letter to another officer of an equal rank.
Appearing before the court on special permission, Mahmood said that the chairman has the final authority to appoint or extend contracts of provincial DGs and in his absence, notices are issued by the human resources chief. Hinting at a conspiracy against him by the federal government and NAB officers, he said that there were a number of examples of similar appointments and extensions in NAB, but no one had objected to those.
Justice Farooq observed that while the prime minister had approved Mahmood’s appointment, this process was not followed for extending his contract. Mahmood replied that a summary for appointing provincial DGs is not usually sent to the PM but it was sent in his case because permission had to be sought to appoint him without advertising the position as there was no time to fill the vacancy.
Petitioner’s counsel Muhammad Azhar Siddique submitted that according to Section 28 of NAB Ordinance 1999, only the NAB chairman can make appointments or extend contracts and it is illegal that a grade-20 officer issues the appointment notification for a grade-21 officer.
The petitioner has submitted that Mahmood’s one-year contract ended on April 21, 2011, and he was violating the service rules enshrined in the NAB Ordinance 1999 by continuing to function as NAB Punjab DG. He has also alleged that Mahmood misused power in the case of his relative Rana Waqas who is being investigated by NAB in the Canal Motors case.
Published in The Express Tribune, May 27th, 2011.
The Lahore High Court (LHC) has declared it illegal for National Accountability Bureau (NAB) Punjab’s director-general to stay in office as his contract has expired.
The division bench, headed by Justice Sheikh Ahmed Farooq, disposed of the petition which said that Rana Zahid Mahmood was serving as NAB Punjab DG in violation of the service rules of NAB Ordinance 1999. The federal law secretary had already informed the LHC that Mahmood, in fact, had no right to function as the provincial DG after his contract expired.
Mahmood’s counsel Asad Manzoor Butt and NAB Prosecutor-General Basheer Ahmed tried to convince the bench that Mahmood was functioning purely according to law. They argued that former NAB chairperson Deedar Hussain Shah, who was removed following a Supreme Court order, had authorised the bureau’s human resources deputy director to issue appointment letters to DGs. Justice Farooq questioned how an officer can issue a letter to another officer of an equal rank.
Appearing before the court on special permission, Mahmood said that the chairman has the final authority to appoint or extend contracts of provincial DGs and in his absence, notices are issued by the human resources chief. Hinting at a conspiracy against him by the federal government and NAB officers, he said that there were a number of examples of similar appointments and extensions in NAB, but no one had objected to those.
Justice Farooq observed that while the prime minister had approved Mahmood’s appointment, this process was not followed for extending his contract. Mahmood replied that a summary for appointing provincial DGs is not usually sent to the PM but it was sent in his case because permission had to be sought to appoint him without advertising the position as there was no time to fill the vacancy.
Petitioner’s counsel Muhammad Azhar Siddique submitted that according to Section 28 of NAB Ordinance 1999, only the NAB chairman can make appointments or extend contracts and it is illegal that a grade-20 officer issues the appointment notification for a grade-21 officer.
The petitioner has submitted that Mahmood’s one-year contract ended on April 21, 2011, and he was violating the service rules enshrined in the NAB Ordinance 1999 by continuing to function as NAB Punjab DG. He has also alleged that Mahmood misused power in the case of his relative Rana Waqas who is being investigated by NAB in the Canal Motors case.
Published in The Express Tribune, May 27th, 2011.