ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) has dismissed a writ petition filed by Deputy Director of National Database and Registration Authority (Nadra), challenging disciplinary proceedings against her for reimbursement of alleged fake medical bills and misuse of government vehicle.

Deputy Director Fouzia Tariq challenged the show-cause notice issued to her by the Nadra authorities for submitting fake medical bills besides damaging a government vehicle.

She, however, questioned the legality of a charge sheet and call-up notice contending that the proceedings were illegal as they were initiated by officers who she claimed were not the competent authority under the Nadra Employees Service Regulations, 2002.

Her legal counsel argued that only the Nadra chairman could authorise such disciplinary action against an officer in the T-8 pay scale (equivalent to BPS-18).

He pointed out that the amended regulations which re-designated the competent authority to the chief administration officer had not been published in the official gazette, rendering the changes ineffective.

However, representatives from Nadra defended the initiation of the inquiry.

They presented evidence that the Nadra Authority Board had approved amendments in 2015 and 2021, assigning disciplinary authority for BS-18 and below at headquarters to the director general (administration).

They admitted the amended regulations were forwarded for gazette publication but have yet to be officially published due to delays at the Ministry of Interior.

Justice Kayani acknowledged the lack of official gazette notification but ruled that no prejudice was caused to the petitioner as the amendments had been properly approved and implemented within the organisation.

Relying on established case law the court held that non-publication of a notification in the gazette does not render a regulation invalid unless demonstrable harm is proven.

The court, therefore, dismissed the petition and directed Nadra and the Ministry of Interior to ensure the formal publication of the amended regulations in the official gazette.

Following the dismissal of the petition, Ms Tariq filed an intra court appeal before the division bench of the Islamabad High Court.

“The provisions of a statute for the publication of a notification in the official Gazette are generally regarded by the Courts as directory... no prejudice has been caused to the petitioner,” wrote Justice Kayani in the judgement.

Published in Dawn, April 10th, 2025