DG was appointed earlier than commissioners in violation of rules. PHOTO: PPI
A division bench, comprising Justice Nisar Hussain and Justice Syed Afsar Shah, was hearing a writ petition filed by the former minister through his counsel Shamail Ahmad Butt on Thursday. Butt informed the court that as per K-P Ehtesab Commission Act, 2014, the appointment of commissioners was the legislative committee’s responsibility.
“To this effect, a meeting of the legislative committee was held on March 26, 2014 but an advertisement for their appointment was published before the meeting,” Butt said.
He said the names of the commissioners, who were to be appointed, were mentioned in the advertisement so that public objections could be received over their appointment.
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He said 20 years of experience in anti-corruption affairs was one of the prerequisites in the advertisement. However, the commissioner, who was appointed in Ehtesab Commission, included a 20-grade principal and a controller of Board of Intermediate and Secondary Education.
He added, “[They] were appointed as commissioners whose names were not mentioned in the advertisement and most of those whose names were published were dropped.”
Butt added at least presence of five members was mandatory for a meeting of the legislative committee but only two members attended the meeting held to approve the list containing names of commissioners.
Butt said the presence of only two members was a clear evidence of an incomplete quorum.
He told the bench that notification regarding the constitution of commission was issued on August 20, 2014 and as per law, commissioners had to appoint its director general but advertisement for the appointment of DG was published on March 17, 2014.
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The counsel added the DG was appointed earlier then the commissioners, while according to the 2014 act, commissioners ought to be appointed earlier than the DG.
He adopted that it was proved that rules and regulations were violated in the appointment of DG and commissioners, while keeping in view the dates of publishing advertisements.
“Moreover, former DG of Ehtesab Commission had written in his resignation letter that he joined the commission on request of the provincial government and not on his own will,” Shamail said.
He said that it was also evident from the resignation that the DG was appointed directly and his name was not sent to commissioners. As a result, the commission’s action against Ziaullah Afridi was illegal and unconstitutional.
Published in The Express Tribune, June 3rd, 2016.
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