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October 26, 2005 Wednesday Ramzan 21, 1426


KARACHI: High Court to hear detailed arguments: Probe into appointments



By Our Staff Reporter


KARACHI, Oct 25: The Sindh High Court decided on Tuesday to hear detailed arguments on the competence of the provincial ombudsman or anti-corruption establishment to institute an investigation into promotions and appointments in the Karachi Building Control Authority on November 1.

Arguing in favour of an application against a probe launched by the ombudsman, KBCA counsel Shahid Jamil Khan submitted before a division bench that service matters of the authority’s staff could be agitated only in the Sindh Service Tribunal under Article 212 of the Constitution and Section 2-A of the Sindh Service Tribunal Act as amended in 1997. An appeal from the tribunal lies to the Supreme Court only if it grants leave.

The bench, which comprised Chief Justice Sabihuddin Ahmed and Justice Athar Saeed, wanted to know whether the bar was applicable to aggrieved public servants or to the ombudsman, who was holding a probe into maladministration in the KBCA under a high court order. Section 9 of the Ombudsman’s Act empowered the omb udsman to look into maladministration in an agency as defined by the Act. Would large-scale appointments and promotions on the basis of nepotism and favouritism not fall within the ambit of maladministration warranting a probe by the ombudsman? it asked.

The bench asked the KBCA counsel to advance detailed arguments on the matter and adjourned further hearing to Nov 1.



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