PESHAWAR: The Peshawar High Court on Thursday directed a former director of the anti-corruption establishment to produce relevant documents to substantiate his allegation that he was transferred by the chief secretary of late for holding an inquiry against one of his relatives over irregularities in the Billion Tree Tsunami Project (BTTP).
A bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan fixed June 16 for the next hearing into a petition filed by former ACE director Ziaullah Toru and directed to the counsel for the provincial government and other respondents to file their respective written comments on it.
The petitioner has challenged his transfer from the post of the ACE director and posting as the deputy director at the Provincial Services Academy alleging that the transfer order issued on May 6 was based on mala fide intentions as he had begun an inquiry into the BTTP against a brother of the chief secretary.
Provincial advocate general Abdul Lateef Yousafzai also appeared in the case and opposed the petitioner’s plea for interim relief through suspension of his transfer order.
He contended that the petitioner had already left the charge and handed it over to another official, so there was no urgency to suspend the said order.
The respondents in the petition are the provincial government through chief secretary, secretary of the establishment department, and deputy commissioner Peshawar, who was assigned acting charge of director ACE.
Qazi Jawad Ahsanullah, lawyer for the petitioner, said his client had been victimised as he had been conducting across-the-board accountability, which had annoyed several officials.
He said the petitioner was an official of the National Accountability Bureau and his services were acquired by the provincial government on deputation for his appointment as the ACE director.
The lawyer said the petitioner had revamped the ACE and recovered a huge amount of looted money from the government officials to the tune of Rs1.662 billion.
The bench asked the lawyer how the right of the petitioner was infringed upon when his services were placed at the disposal of the provincial government and the government had the powers to transfer him from the said post.
The lawyer said the government had the powers but when the said order was based on mala fide intentions then it would be illegal.
The lawyer said as the petitioner had started inquiry into the award of a contract to the brother and brother-in-law of the chief secretary, the petitioner had been targeted.
He contended that few weeks ago keeping in view the performance of the petitioner, the relevant secretary had moved a summary for absorbing services of the petitioner in the ACE.
He asked if the performance of the petitioner was not outstanding, then why that summary was moved.
The bench observed that the petitioner had leveled serious allegations against his petitioner and therefore, it would be appropriate for the petitioner to produce additional documents to prove his allegations.
Qazi Mohammad Anwar and Barrister Waqar, lawyers for the respondents, said there was a long list of allegations and complaints against the petitioner.
They said in a judgment by the Balochistan High Court, it was ordered that the petitioner should not be given any field posting in which he would be having public dealing.
The bench asked them to file the comments so that the bench could proceed further in the issue.
Published in Dawn, May 27th, 2016
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