KARACHI: The Sindh High Court has issued notices to the ministry of interior and others on a petition filed against posting of the provincial director of the National Cyber Crimes Investigation Agency (NCCIA).
A two-judge bench headed by Justice Omar Sial also put a federal law officer on notice and directed the respondents to maintain status quo on the subject matter till next hearing.
Citing secretary of ministry of interior, director general of NCCIA, Federal Investigation Agency and Amir Nawaz as respondents, Shahzad Haider approached the SHC and submitted that he was holding the charge of director of the NCCIA of Sindh, but on April 30, Mr Nawaz, an officer junior than the petitioner, was posted to look after the charge of the subject post in his own pay & scale.
Representing the petitioner, Barrister Zamir Ghumro argued that the impugned posting was made in violation of Rule 8B(1) of the Civil Servants Rules, 1973 as well as various orders of the SHC.
He also submitted that the petitioner was at Serial No1 in the seniority list of additional directors (BPS-19) and Mr Nawaz was at Serial No 7 and thus, cannot be given the look-after charge of the post of director (BS-20).
The counsel argued that in pursuance of the recent amendments to the Prevention of Electronic Crime Act, the cyber wing of FIA had been abolished and all staff had been sent to the NCCIA and they could not be arbitrarily transferred to the FIA at the whims and wishes of respondents.
The petitioner asked the court to declare the impugned office order issued on April 30 illegal and in violation of the principles of natural justice and sought directives for respondents to fill the post in question only through promotion or in accordance with Rule 8B (1) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.
After the initial hearing, the bench in its order said: “Points raised by the learned counsel require consideration. Issue notice to the respondents as well as DAG. To come up after one week. Till the next date parties shall maintain status quo in the matter.”
Published in Dawn, May 5th, 2025
