Nisar behind slander campaign against new AGP

An investigation into the controversy over the appointment of Buland Akhtar Rana as the auditor general of Pakistan (AGP) reveals that the slander campaign against the officer was calculatedly launched by NA Opposition Leader Chaudhry Nisar Ali Khan after Prime Minister Yousaf Raza Gilani turned down a proposal to extend the tenure of former AGP Tanvir Ali Agha.
Rana was on Saturday administered the oath of the constitutional office for four years by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.
“Nisar, accompanied by PML-N Senator Ishaq Dar and PPP Senator Raza Rabbani, had called on the prime minister to propose and convince him to extend the tenure of Tanvir Ali Agha. The prime minister argued that it was a constitutional office and required an amendment in the constitution for extending the tenure. On this, Nisar, Dar, and Rabbani expressed their willingness to amend the constitution. However, Gilani turned down the proposal, saying he would not allow amendment in the constitution for one person,” a high-level source privy to the development told Pakistan Today.
After an anonymous application against Rana was filed with the Human Rights Cell of the Supreme Court, the CJP said in a letter addressed to the president that a number of objections had been raised over the appointment of the new AGP. On receiving a four-page para-wise response to his letter on Friday, which rubbished all allegations against the new AGP, the CJP on Saturday administered oath to Rana, but his office issued a statement before the administration of oath, referring to the letter written by the CJP and the subsequent reports of the ISI, FIA and the comments of the former AGP. “The response of the president has been received along with communication from the Prime Minister’s Secretariat. Therefore, the CJP, in discharge of the administrative function, without prejudice to anyone and subject to all just exceptions, will administer the oath,” the statement issued by the office of the SC registrar said.
The contents of the CJP’s letter to the president and the prime minister were made part of the statement read out at the oath-taking ceremony.
In response to the objections and supporting the case of the new AGP, the Prime Minister’s Office communicated to the CJP, “Rule 30 of the Government Servants (Conduct) Rules, 1964, refers to approaching foreign missions or aid-giving agencies “to secure invitations to visit a foreign country or to elicit offers of training facilities abroad”. It does not mention acquiring nationality of another Commonwealth country. Mr Tanvir Ali Agha, then auditor general of Pakistan, moved a case to initiate disciplinary proceedings against Mr Rana on this charge. The Ministry of Law, Justice and Parliamentary Affairs, which was asked to examine the charge, opined that “Dual nationality agreements are in conformity with Pakistan Citizenship Act, 1951, as per Clause 14(3) of the said act. Under the law, officers in the service of government of Pakistan are not barred from possessing dual nationality. In the light of the legal opinion given by secretary of Law, Justice and Parliamentary Affairs, it was observed that “misconduct” as defined under Section 2(4) of the Government Servants (Efficiency and Discipline) Rules, 1973, was not made out. The competent authority, therefore, filed the said proceedings in accordance with the law.”
About the AGP’s foreign visits, it was conveyed to the CJP that the allegation that Rana undertook foreign visits in August 2009 and December 2009, was contrary to facts.
“He always travelled abroad with explicit approvals and necessary NOCs from the competent authority. No evidence to substantiate this allegation has been placed on record. And the allegation of possessing more than one passport and ID Cards has been found to be incorrect. Mr Rana was issued passport bearing No E-888903 on 10-01-1998. After the expiry of this passport, he was issued passport bearing No KB-274550 on 3-12-2002. The details of the previous passport were also mentioned on this per the rules. In 2OO5, Mr Rana was issued an official passport bearing No AA-9797271. Details of previous passport were again given on this official passport. Mr Rana is not in possession of any other Pakistani passport. In addition, Mr Rana also has a Canadian passport, duly declared by him. Mr Rana had a national ID card No 272-52-270858 issued in 1975. After the issuance of computerised national ID Cards, he was issued CNIC number 26302-4635727-9 in 2002. It is, thus, incorrect to state that Mr Rana has been in possession of multiple passports or ID Cards.”
The alleged long periods of ex-Pakistan leave availed by Rana to complete his residency requirements in Canada were not in contravention of any law or rules, the PM’s Office said, adding that he had proceeded on leave for 120 days on full pay and 1,000 days on half pay, duly sanctioned by the competent authority “to visit Canada” vide AGP notification No 170/lDC-I/14-78(302), dated 14-02-2002.
Regarding the allegation of harassment of a lady officer posted as the controller of Military Accounts, Karachi, the PM’s Office said it was inquired into by Ishtiak Ahmad Khan, then NA additional secretary, now the Election Commission of Pakistan secretary.
“After a thorough inquiry, the inquiry officer, vide his report dated 19-03-2009, concluded that the charge pertaining to alleged sexual harassment of the lady officer by Mr Rana was not proved beyond reasonable doubt nor did he cause any harassment, and, therefore, the accused officer had not committed any acts of omission and commission constituting misconduct as mentioned in the statement of allegations. He recommended that the charges of sexual harassment and harassment by Mr Rana may be dropped, he be exonerated, and the case be closed. Muhammad Ismail Qureshi, then establishment secretary, endorsed the findings. The competent authority agreed with the findings of the inquiry officer and exonerated Mr Rana of the allegation.”
On the case regarding Rana’s promotion to BPS-21, the PM’s Office said that it was a unique matter of misuse of authority and misrepresentation of facts on part of Tanvir Ali Agha, then AGP.
“The case for promotion of Mr Rana to BPS-21 was placed, along with those of other officers of the Pakistan Audit and Accounts Service, before the Central Selection Board in May 2008. Tanvir Ali Agha certified that there was no inquiry pending against Mr Rana at that given point in time. However, during the course of proceedings of the board, Mr Agha stated that an inquiry was pending against Mr Rana. No evidence of the same was placed on record. The board without probing the matter decided to defer the case of Mr Rana’s promotion. In March, 2009, another meeting of the Central Selection Board took place. Again, Mr Rana’s promotion was deferred on the averment of Tanvir Ali Agha that the disciplinary proceedings that had been initiated against Mr Rana subsequent to the board’s meeting of May 2008, had not been finalised. This again was contrary to the factual position. Mr Agha had only instituted “fact finding” proceedings against Mr Rana to forestall his promotion. Mr Rana, meanwhile, had filed a writ petition with the Islamabad High Court against the illegal denial of promotion. The Islamabad High Court vide orders dated 19-06-2008, observed on asking the deputy attorney general if any charge sheet or show-cause notice had been issued to Mr Rana, that a “fact-finding inquiry” had been conducted against him as a result of which disciplinary proceedings were “going to be initiated” against Mr Rana. This is proof enough to establish mala fide intentions on part of those who were bent upon denying due promotion to Mr Rana and he was promoted to BPS-21 on the recommendation of the Central Selection Board’s meeting held in January 2010. Since Mr Rana had been wrongfully prevented from his promotion in 2008, when mis-statement of some non-existent disciplinary proceedings against him was made and he was unduly deferred, his original seniority was restored from the date his juniors were promoted. Thus, Mr Rana was promoted to BPS-21 and BPS-22 on merit and in accordance with the rules.”