ISLAMABAD: The Islamabad High Court (IHC) on Friday issued notices to federation regarding appointment of Raja Naeem Akbar as the secretary Ministry of Law and Justice. A single bench of Justice Mohsin Akhtar Kayani heard the petition filed by G M Chaudhry advocate on behalf of M Nasir Ali advocate, and directed the respondents to submit their replies in the matter.
The IHC bench also directed Attorney General for Pakistan to appear before the court on the next hearing to assist the court, and deferred the hearing till Oct 20. In his petition, Chaudhry cited federation of Pakistan through prime minister, minister for law and justice as chairman of selection board for MP positions, secretary law, secretary cabinet division, secretary establishment division, secretary finance, Raja Naeem Akbar, chairman National Accountability Bureau (NAB), and others as respondents.
The counsel for the petitioner adopted that Raja Naeem who was not a civil servant as he was appointed on contract basis, and his appointment and other terms and conditions of service were not governed by the Civil Servants Act, 1973 and he had been given the additional charge of the post of secretary law vide notification No 40/561/2013-E-I, dated 08-09-2020 for a period of two months.
He added that it was patently illegal as there was no provision of appointment on additional charge basis. The petitioner contended that the appointment of Akbar even as the senior consultant (MP-I) was patently in violation of instructions and criteria, and illegal ab initio by all means, and was liable to be set aside ab initio from the date of appointment as the senior consultant.
Therefore, he prayed before the court that Akbar might be directed to show under which authority of law was holding the office of the secretary, Law and Justice Division, and his appointment as the secretary, Law and Justice Division be declared as ultra vires, illegal and coram non judice to the provisions of the Civil Servants Act, 1973, and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and be set aside ab initio.
He also requested the court to declare the actions of Akbar as the secretary, Law and Justice Division as well as the senior consultant (Contract)(MP-I) and exercise of power as such illegal and misuse of power ab initio and cognizable under Section 9 of the National Accountability Ordinance, 1999, and any other law regarding misuse of official authority and public office in force for the time being, and further to direct for initiation of necessary criminal prosecution.
Copyright Business Recorder, 2020
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