Internal conflicts between two groups of National Accountability Bureau (NAB) officers have intensified to an alarming level, badly affecting the performance of the anti-corruption body as senior officials are busy in legal battles against each other in higher courts instead of preparing cases against criminals involved in massive corruption.
Both groups have locked horns for expelling each other out of the bureau and they have even approached the Islamabad High Court in this regard. One group representing former military officers has challenged the appointment of four new directors general in NAB in the Islamabad High Court and the hearing of the case is scheduled for today. The other group of 11 officers has also challenged in IHC the initial appointments of the former military officers in 2003 and their subsequent promotion to next grade within three months of their induction.
According to documents, NAB recently appointed four DGs in BPS-21 on regular basis. They are Brig (R) Farooq Naser Awan as DG headquarters, Muhammad Altaf Bawany as DG human resource and finance, Zahir Shah as DG operations and Hussain Ahmed as DG NAB Punjab. According to the official documents, the notification of Brig (R) Farooq Naser Awan was issued on April 5, 2013 while the notifications about remaining three NAB officers of BPS-20 were issued on April 15, 2013 as DGs.
The outgoing chairman Fasih Bokhari had taken approval of four new seats of DGs in NAB specifically DG training and evaluation, DG prevention (Provincial), DG awareness and media, DG financial crime investigation wing. According to the summary sent to the prime minister submitted by Admiral (R) Fasih Bokhari, then chairman, the posts of four DGs in BPS-21 may be allowed to be filled by initial appointments as a special case as one time exercise.
The group representing ex-military officials claims that the summary sent to the PM was granted approval without keeping in view the legal aspects as well as the National Accountability Ordinance (NAO) 1999. They claim that the summary was illegally forwarded to PM through principal secretary and ministry of law justice and parliamentary affairs for approval in violation of Sec 28-C of NAO, 1999 in which the president of Pakistan was the only competent authority for such approvals.
On the other hand, these newly appointed DGs have taken the stance that ex-military officers’ induction in NAB namely Col (R) Subah Sadiq, Col (R) Shahzad Anwar Bhatti, Maj (R) Burhan, Maj (R) Shahzad Saleem, Maj (R) Tariq Mehmood and other ex-military officers during Musharraf regime was illegal. As per their stance, all the appointments and postings are being made under the Terms and Condition of Services (TCS) and the government rules these ex-military officers were appointed in gross violation of TCS and Method of Appointment and Qualifications (MAQs) in 2003.
Serving armed forces officers were permanently inducted in NAB without fulfillment of eligibility criteria i.e. posts academic qualification and experience in relevant field etc. Since then theses illegally inducted officers have been holding key positions in the bureau and were managing all the affairs through illegal means.
Illegal promotions were made during 2003 and 2008 in all ranks without considering seniority and fulfillment of the prescribed promotion criteria. As a result, a large number of the officers have gone into litigation in different courts/forums. The outgoing chairman promoted such ex-armed forces officers to BPS-21 who were not eligible on account of lack of prescribed qualifications, length of service and experience in the relevant fields.
According to a spokesman of the newly appointed DGs, TCS were approved dated 26 October 2002 by the chief executive of Pakistan and as such he is the competent authority to amend, alter or relax any of these TCS. According to him, the prime minister being the chief executive can relax any provision of TCS and (MAQs).
