ISLAMABAD: The Supreme Court has been urged to issue contempt notice to the DG Pakistan Sports Board (PSB) and the secretary Ministry of Inter-Provincial Coordination (IPC) for misleading and acting in disregard of the undertaking and compliance report submitted before the court.
Mansoor Ahmed Khan, Deputy Director General (Administration) PSB filed the contempt petition and made secretary Ministry of Inter-Provincial Coordination, Islamabad, Mohsin Mushtaq Chandana, Dr Fehmida Mirza, President Pakistan Sports Board/Federal Minister Inter-Provincial Coordination, and others as respondents.
He stated that MP-II scale is equivalent to Grade 21 of BPS-21, while as per the Service Rules of 2000 the post of DG PSB is a Grade 20.
However, an army officer, who retired as colonel, equivalent to BPS-19 was directly recruited and appointed as the DG PSB in MP-II Scale eroding the entire basis for the illegal conversion of the said post from BPS-20 to MP-II scale.
He informed that the apex court on 08-05-2017 had directed the federal government to determine the qualification and experience for the appointment to the post of DG PSB and frame the regulations.
The Pakistan Sports Board (Appointment) Regulations 2019 were made by the Secretary Ministry of IPC instead of Board (Pakistan Sports Board) constituted under Section 3 of Sport (Development and Control) Ordinance, 1962.
The appointment of DG PSB is prescribed in Rule 2(ia) of 1981 Statutory Rules; “DG means a whole-time DG of the Board appointed by the federal government.”
The petitioner asked the court that all actions taken without a Board or a meeting of ex-officio members be declared void ab initio.
No meeting of the Board was held since 2013 and ad hocism has been the order of the day in the functioning of the Pakistan Sports Board.
He informed that when the Regulations 2019 were filed before the apex court at that time there was no Board.
It was constituted in January 2020, on the directions of the Islamabad High Court.
Neither the Board, which did not exist at that point in time nor the secretary IPS, had any power or authority to repeal the Pakistan Sports Board Rules, 1981 made by the federal government under Section 3(1) of the Ordinance 1962, therefore, they continue to remain operative and binding, being statutory in nature.
This power and function cannot be usurped either by the secretary IPC or the Board, as has been done in the notification dated 02-12-2020, which completely nullifies the Statutory Rules, 1981, Pakistan Sports Board Service Rules, 2000, and Regulations 2019.
He submitted that the respondents intentionally obstructing the administration of justice by deliberately making false statements, attempting to mislead the apex court and acting in violation and disregard of the undertaking and compliance report before the court.
Copyright Business Recorder, 2021
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