In a rare show of helplessness, Secretary Establishment Ismail Qureshi on Friday admitted before the Supreme Court that Kamran Lashari was elevated as Chief Secretary Sindh on the orders from the "top" without any summary from the Establishment Division and against the orders of the apex court.
The court on June 4 had ordered the Capital Development Authority (CDA) through Establishment Division to take action against Lashari for violating the Constitution, the CDA Ordinance, 1960, rules and regulations by granting lease for 33 years of government land (F-9 Park) at a nominal rate to Messers Siza Foods in a non-transparent manner. Besides departmental action, the court had recommended civil and criminal proceedings against him.
"I did not send the summary for his elevation" was the reply of Ismail Qureshi in response to the court's query. He, however, did not name the personality on whose instructions Mr Lashari was elevated as Chief Secretary. "Mr Lashari has been punished or rewarded," inquired Chief Justice Iftikhar Mohammad Chaudhry from the secretary establishment, saying you people have no respect for the court and always find ways to undermine its orders.
In his remarks over the elevation of Lashari, Justice Tariq Pervez sarcastically asked Ismail Qureshi "whether his promotion was a civil or criminal proceeding? "We can close the courts if government is not interested in implementing court's orders," observed the Chief Justice.
A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Pervaz and Justice Ghulam Rabbani was hearing contempt of court case against the CDA for not implementing its orders regarding McDonalds fast food outlet inside the F-9 Fatima Jinnah Park.
Establishment Secretary, however, told the court that action has been taken against Lashari and the recommendation of his dismissal is a major penalty proposed by the inquiry committee appointed on the orders of Prime Minister Yousuf Raza Gilani.
Incumbent Secretary Water and Power Shahid Rafi recommended to the Prime Minister that Kamran Lashari be dismissed from service in accordance with Rule 4(b) (iv) of the Government Servants (Efficiency and Discipline) Rules 1973. The recommendation has been submitted to the Prime Minister for further orders on Thursday last, Mr Qureshi said.
When asked why the case of Mr Lashari has not yet been sent to the National Accountability Bureau, Chairman CDA Imtiaz Inayat Ellahi informed the court that the authority has no jurisdiction to initiate such proceedings on its own but a summary has been moved to the concerned quarters in this regard. "We will deal with this case properly," the chief justice decided and ordered the establishment secretary to bring to the notice of the Prime Minister that Mr Lashari was promoted despite an adverse finding of the apex court against the individual. The court adjourned further hearing till Monday (September 20).