MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Monday restrained the prime minister from passing any order in favour of four accused officers of Mirpur Development Authority (MDA), disregarding observations of the inquiry committee and the court.

The order for maintenance of status quo was passed by Chief Justice Ghulam Mustafa Mughal following the disposal of a petition, filed by PML-N local president and leader of the opposition Raja Farooq Haider.

Mr Haider through his counsel Raja Sajjad Ahmed solicited substitution of the present prime minister with some “other independent and impartial person” to decide the fate of the accused officers.

The officers have been charged with irregularities in awarding of the contract for Jinnah Model Town, Mirpur.

In September 2012, the AJK prime minister had constituted a 3-member committee to probe into the alleged violation rules committed by MDA in awarding the contract.

The committee found Chief Engineer Chaudhry Muhammad Ilyas, Director Works Khalid Sultan, Deputy Director Works M. Muzaffar, and Divisional Accountant Muhammad Saleem.

In response to the finding, another high level committee was constituted by the prime minister to conduct an inquiry against the officers under the Removal from Service (Special Powers) Act, 2001.

In June 2013, this second committee recommended compulsory retirement for three and removal from service for one officer.

However, following discussion with the accused officers, the prime minister found them partially and the consultant primarily responsible, for not demonstrating due diligence in processing tender documents. Exonerating the officials from the serious charges on July 4, 2013, the prime minister imposed minor penalty of censure on them.

When the prime minister’s order was not implemented by the chief secretary, the accused officers sought remedy from the High Court.

However, the court not only dismissed their petition earlier this month but also set the prime minister’s order regarding the punishments aside.

The bench, headed by the CJ, remanded the case back to the prime minister “to pass fresh order in view of the inquiry report, evidence collected and gravity of the offences allegedly committed by the accused civil servants.”

On Monday, Mr Haider maintained that since the prime minister was unfairly prejudiced in the favour of the accused officers, it would be unjust to remand this case to him for rehearing.

The accused officers, he contended, had inflicted huge losses on the state exchequer with the prime minister’s blessing.

He said referring this case to the same authority amounts to giving them license for further embezzlement of public money.

“The authority should be substituted by some other impartial independent person,” he pleaded. He added that Chairman Ehestab Bureau should be directed to take cognizance of the matter because offences against the state were proven to have been committed.

Published in Dawn, February 17th, 2015

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