Sindh High Court (SHC) has restrained the federal authorities from issuing final order on the disciplinary proceedings against Benazir Income Support Programme (BISP) Sindh director general without the court’s permission.
A division bench headed by Justice Munib Akhtar gave this interim order on a petition by Sindh BISP DG Zafarullah Khan Soomro who had moved the court, citing finance secretary, auditor general of Pakistan, Deputy AGP Shagufta Khanum and Sindh Audit DG as respondents.
The petitioner, through his counsel, said that federal authorities served him with a charge-sheet, alleging that he illegally reinstated Iftikhar Memon, a senior auditor, on his post one year after acceptance of his resignation and treated him as on-duty officer during this period.
While terming the allegations unfounded, he further submitted that he was issued a show-cause notice on May 20 by the auditor general, asking him to explain as to why major penalty of dismissal from service may not be imposed upon him.
He argued that auditor general was not authorised person to issue such notice as according to relevant laws, in case of any grade 20 officer, the premier is authorised to appoint an enquiry officer who could conduct disciplinary proceedings and take action.
He said that the auditor general was not authorised in his matter therefore, the show-cause notice was unlawful on jurisdictional grounds.
After hearing arguments, the court said that let the proceedings on the show-cause notice continue against petitioner and directed the petitioner to associate himself with the proceedings but no final order shall be made without permission of the court. The court added that if it appeared that petitioner is attempting to frustrate or delay the proceedings then interim order may be recalled and or varied appropriately.
Meanwhile, the bench directed federal authorities to submit their comments along with relevant documents in the petition by August 13.