PESHAWAR: The Khyber Pakhtunkhwa’s acting governor has accepted the resignation of KP Ehtesab Commission director general retired Lt Gen Mohammad Hamid Khan resulting in a legal vacuum as despite a passage of over two years, the provincial government has not notified the rules under which the acting director general has to be appointed.

The director general had tendered resignation on Feb 10 to protest the promulgation of the KP Ehtesab Commission (Amendment) Ordinance 2016 through which several changes were made to the existing KPEC Act, 2014, including reduction in certain powers of the director general.

According to an official notification issued on Feb 12, the acting governor, Asad Qaiser, who is the speaker of the KP Assembly, has accepted his resignation and the officer has ceased to hold the office of KPEC director general with immediate effect.

The acting governor had assumed the charge of office only a day before the acceptance of that resignation.

In the original KPEC Act, there was no provision available for appointment of acting DG in case of his resignation.

However, through the controversial amendments, Sub-section 9 has been incorporated in Section 12 of the Act empowering the chief ehtesab commissioner (CEC) to appoint an acting DG.

“Whenever the post of the Director General falls vacant before completion of his term due to any reason which requires the appointment of regular Director General, the Chief Ehtesab Commissioner shall appoint or designate temporarily any person or officer as Director General in the manner as prescribed in rules, to look after the office of Director General till the appointment of regular Director General,” states the newly introduced Sub-Section 9.

Interestingly, despite the passage of over two years since the KPEC Act was enacted on Jan 10, 2014, the provincial government has not framed the relevant rules.

Under Section 50 of the Act, the provincial government has to make rules to Resignation of Ehtesab Commission’s DG accepted carry out the purpose of that law.

“The delay in the framing of rules is because of amendments, which took place in the KP Ehtesab Commission Act from time to time,” provincial law secretary Mohammad Arifeen told Dawn.

He added that the department had prepared a draft of rules, which were expected to be notified in the next couple of days.

Under the law, there shall be a directorate general of the KPEC to be headed by the DG.

Section 12 of the Act provides that the Ehtesab commission shall appoint the DG provided that the procedure for nomination and selection of the candidates shall be dealt by the Search and Scrutiny Committee in the same manner as provided for the nomination and selection of the Ehtesab commissioners.

Through the recent amendments to the law, it has now been made mandatory that the procedure for the selection of the DG shall be completed within 120 days from the day when the post falls vacant.

The DG is appointed for a non-extendable term of four years. A person shall not be appointed DG unless he is a citizen of KP; is an individual of high moral integrity; is a retired government official in BPS 21/22 or equivalent or is a lawyer eligible to be appointed a judge of the high court and has served in a leadership position in professional career; is not less than 45 and more than 65 years of age; and declares his assets as per law.

Published in Dawn, February 14th, 2016