Petition dismissed: FDE’s ex-boss penalised for frivolous pleas

Apex court ruled Shahnaz A Riaz could be transferred anywhere within CADD.

ISLAMABAD:

The Supreme Court on Monday rejected a request by former Federal Directorate of Education (FDE) chief to cancel her transfer orders and fined her Rs10,000 for filing a frivolous case.

Ex-director general (DG) Shahnaz A Riaz faced the dismissal of her case with cost for filing a contempt of court against her “illegal transfer.” She maintained that she was being transferred out of FDE in violation of an earlier verdict by the court in 2012 after she was removed from her post. The Capital Administration and Development Division (CADD), which oversees FDE’s affairs, booted out Riaz and ordered her to report to its secretary on February 13.

The CADD officials present in court stated that she was removed after an independent inquiry by an officer of the Ministry of Ports and Shipping proved misuse of power and misappropriation in funds for evening shifts in schools under her watch. Federal Government Colleges Director Akhtar Mehmood Malik was appointed acting DG of FDE.

A three-member bench headed by Justice Jawad S Khawaja asked the deputy attorney general about the legal status of CADD to which he replied that FDE was a sub-department of CADD. In accordance with rules, Riaz could be appointed anywhere within the division, he said.

The bench stated that legally FDE was a body CADD and the transfer was not in violation of court orders. It added that its previous decision in 2012 was wrong and they were correcting it now. “If an order is wrong it is corrected ant not followed,” Justice Khawaja added.

The applicant also pleaded that her outstanding dues had not been paid but the government’s counsel added that all dues had been cleared. If there is a matter related to services, she should approach the forum of the Services Tribunal,” Justice Khawaja remarked.

Riaz was restored by the Supreme Court as FDE chief in 2010, but after 10 days in office she was transferred to the  Academy of Education Planning and Management. A three-member bench headed by former chief justice Iftikhar Muhammad Chaudhry had ordered CADD to repatriate her to her parent department by restoring her as FDE chief in May 2012.

Published in The Express Tribune, April 8^th, 2014.