KARACHI: The Sindh High Court has directed the Sindh chief secretary to immediately put all the officials serving in different departments of the provincial government after entering into a plea bargain and opting for voluntary return (VR) of money with the National Accountability Bureau in graft cases under suspension and initiate disciplinary proceedings against them.
The two-judge bench headed by Justice Nadeem Akhtar also called an explanation from the chief secretary for promoting and allowing such officials to continue with their postings in violation of the law laid down by the apex court.
The bench also put NAB’s chairman and special prosecutor on notice with the direction to submit a complete list of all civil servants of the Sindh government who entered into a plea bargain or opted for voluntary return till Jan 14 after the lawyer for the petitioner raised doubts about the list filed by the provincial authorities.
The Muttahida Qaumi Movement-Pakistan lawmaker Kanwar Naveed Jameel had petitioned the SHC and contended that reappointment and promotion of around 500 officials who had entered into a plea bargain and opted for VR with the anti-graft watchdog had been made in several provincial departments.
The bench observed that in compliance with its last order, the chief secretary had filed an incomplete report of such officials as details about the education, health and local government departments had not been submitted, adding that a director of the LG department also filed a separate list showing the details of civil servants facing disciplinary proceedings.
NAB chairman told to submit a complete list of all such civil servants of Sindh government by 14th
“As per the above report, prima facie, all the civil/government servants mentioned therein are still serving in the government of Sindh despite the fact that they have admittedly entered into plea bargain or opted for VR, which clearly amounts to admission on their part of having committed corruption/corruption practices”, it added.
The bench further said that apparently all such officials were barred from holding public office in the federal and provincial governments or in any state-owned organisation as held by the Supreme Court in its judgement reported in 2016.
It observed that the Sindh government was duty-bond under the law to initiate disciplinary proceedings against all such officials, but merely imposing minor penalties as an eyewash did not serve the purpose of the law.
The bench directed the chief secretary to ensure that all such civil/government servants were placed under suspension with immediate effect and disciplinary proceedings should be initiated against them forthwith under Rule 5 of the Sindh Civil Servants (Efficiency and Discipline) Rules 1973 and instead of imposing minor penalties, punishment should be awarded commensurate to the charge/offence against them.
It also asked the top official of the provincial government to submit a compliance report with a written explanation for promoting and posting such officials till Jan 14.
The lawyer for the petitioner argued that the list filed by the provincial government was incomplete as it concealed the names and details of several hundred officials who had entered into a plea bargain and opted for VR.
Subsequently, the bench called the complete details of such officials from NAB by the next hearing.
The petitioner impleaded the Sindh chief secretary, the NAB chairman and secretaries of the provincial law, LG and education departments as respondents and argued that the Supreme Court had issued direction for the removal of such officials from service, but the provincial authorities were not only posting them in different departments but also promoting such officials.
He pleaded that the order of the apex court be implemented in letter and spirit and such officials be immediately removed from service.
Published in Dawn, January 1st, 2021
