ISLAMABAD - Despite the Supreme Court’s unambiguous orders, Chairman National Accountability Bureau Justice (Retd) Javed Iqbal seems reluctant to repatriate two senior officers to their parent departments who have been found to be inconsistently appointed in the Bureau.

The March 31, 2017 judgment authored by Justice (Retd) Amir Hani Muslim in the suo motu action regarding illegalities, contraventions and violations in appointments within NAB had clearly directed that the findings of the Committee constituted to look into illegal appointments in NAB shall be acted upon forthwith. The said committee is headed by Secretary Establishment.  “The Chairman NAB/Competent Authority shall issue notices to all these officers to appear before this committee. The committee after offering them an opportunity of a hearing shall record its findings within two months and the findings shall be acted upon by NAB,” the Supreme Court had ruled last year.

However, an officer on condition of anonymity told The Nation that the Chairman NAB, who is competent authority, is delaying the matter despite the summaries of both top officers including DG NAB Khyber Pakhtunkhwa Farman Ullah and Bureau’s Training Wing Director Fayaz Ahmed Qureshi are placed on the table of Chairman NAB for several days.

“But the delay for ‘some reasons’ by the chairman NAB tantamount to contempt of court in view of violation of Supreme Court’s judgment,” said the officer.

He claimed that this ‘wilful’ evasion from top court’s judgment is also a serious misconduct of chairman NAB and it can be made as a ground for reference against the chairman before Supreme Judicial Council because the post of DG NAB for the KP province is important where the Pakistan Tehreek-e-Insaf (PTI), now in federal government, has been ruling in the province for the second consecutive time.  

“Two officers namely Nasir Iqbal and Shakil Malik were repatriated to their parents department from the posts of DG NAB Rawalpindi and DG Human Resource respectively,” he said, adding there is complete silence on the recommendation pertaining to Farman Ullah and Fayyaz Ahmed Qureshi.

The recommendation of the Committee, formed by the top court, regarding DG KPK Farman Ullah and Director Training Wing Fayyaz Ahmed Qureshi has not been materialized so far. Qureshi has also served as DG NAB Sukkur.

According to the report of secretary establishment, the crux of the show cause notice issued to Farman Ullah is that the experience certificate from previous employer does not indicate if it is acquired in the fields of investigation, inquiries, research and legal matters.

The Committee found that the experience certificates issued by Physical Planning and Housing Department and Frontier Highways Authority Peshawar did not exhibit that Farman Ullah possessed post qualification experience in the fields of inquiry, investigation, research and legal matters. 

The said officer submitted another certificate dated 31.12.1998 which mentioned that the officer was had started his career as Internal Audit Officer and remained posted as Assistant Director (Audit) with additional charge of Deputy Director. The Committee also found that as an Internal Audit Officer Farman Ullah probed, detected and reported large number of corruption cases.

“The Committee is of the view that the Officer provided experience certificate which could not satisfy the requirement of experience mentioned in the advertisement therefore, his services cannot be retained in NAB. The Committee also recommends that if legally possible he may be repatriated to his Parent Department. He may, however be considered for fresh recruitment as and when vacancy occurs,” the Committee recommended.

However, none of the recommendations has been implemented so far, said the sources and Farman Ullah is still serving as DG KPK.

Likewise, the crux of show cause notice issued to Fayyaz Ahmed Qureshi by the Committee is that the Experience Certificates issued by HR Department of Karachi Port Trust dated 7.2.2004 and 2.4.2004 indicates that the officer during his service in that Trust, among others, dealt with Legal Matters, queries pertaining to the investigation on financial irregularities. “Whereas, Experience Certificates from other previous employers are either not available or does not indicate as to whether the officer possessed experience in the fields of investigation/inquiries/research/legal matters or otherwise.”

The Committee observed that at the time of initial appointment the job description of Qureshi prior to joining NAB did not specifically state that he possessed practical experience in the field of inquiry/ investigation/ research/ legal matters.

“Moreover the fresh certificates submitted by the officer (Qureshi) stipulate that his core responsibilities were to analyse, inquire and scrutinise the estimates for approval of the Competent Authority coupled with creation of a research laboratory which cannot be taken as that he himself had actually carried out any research therefore, it does not fall within the parameters of requirement as per advertisement and his services cannot be retained in NAB,” the Committee recommended.

“Hence, NAB may consider repatriation of the officer to his parent department if it is legally possible. He may, however be considered for fresh recruitment as and when vacancy occurs,” it further recommended.

Sources said that none of the recommendations has been implemented and Qureshi is still serving in NAB.