MUZAFFARABAD: Azad Jammu and Kashmir (AJK) High Court Chief Justice Ghulam Mustafa Mughal has held that the chief executive cannot overlook evidence-based findings against the civil servants without giving reasons.

“Agreed, the chief executive can drop proceedings initiated under the Removal from Service (Special Powers) Act 2001, at any time.

“However, when the allegation against a civil servant is that of corruption, embezzlement and loot of public funds, the authority is bound to adhere to the provisions of the statute and cannot brush aside, without recording reasons, the findings registered by the (inquiry) committee on the basis of evidence,” he said in his judgment.

The judgment was passed on a petition by Chaudhry Mohammad Ilyas (Member Technical), Chaudhry Khalid Sultan (Director Works), Muzaffar Hussain (Deputy Director Works) and Mohammad Saleem (Divisional Accountant) of Mirpur Development Authority (MDA), accused of violating Pakistan Engineering Council rules and regulations and Delegation of Financial Powers Rules 2011, while awarding contract and making payments in the Jinnah Model Town Mirpur scam.

It may be recalled that in October 2012, the petitioners were placed under suspension and proceedings under the Special Powers Act 2001 were initiated against them in the light of the preliminary recommendations of a ‘facts finding committee.’

The committee, comprising senior government officials, conducted detailed investigations by recording evidence and found the petitioners guilty of serious violation of law and rules and recommended compulsory retirement for the three and removal from service for one.

However, after giving a hearing to the accused officers on July 4, 2013, the prime minister (competent authority) replaced the recommended punishments with minor ones.

But the premier’s order was not implemented by the chief secretary, following which the accused officials filed the petition on July 25, 2013, to seek relief from the court.

In his decision, announced here the other day, the CJ observed that the committee, which was constituted by the chief executive, had drawn conclusions and recommended punishments after proper deliberation and collection of evidence.

The CJ declared that since the chief executive had not listed any reason to amend the punishments recommended by the committee, his order could not be treated as lawful and hence was being set aside.

The case was remanded to the prime minister for fresh order “in keeping with the inquiry report, collected evidence and gravity of the offence allegedly committed by the accused officials.”

Published in Dawn, February 8th, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play