PESHAWAR: A Peshawar High Court bench on Tuesday sought comments from the provincial wildlife secretary on a petition against the appointment of the department’s chief conservator after his voluntary return deal with the National Accountability Bureau over illegal assets.

Justice Syed Afsar Shah and Justice Abdul Shakoor issued notices to the respondents including the provincial chief secretary, wildlife secretary and chief conservator (wildlife) asking them to respond to the petition on the next hearing.

The bench was hearing a petition filed jointly by four officers of the wildlife department including conservator Dr Mohsin Farooq, director of Peshawar Zoo Mohammad Ali, DFO (wildlife) Malakand Mohammad Hussain and DFO Headquarters Mohammad Israr.

Petition challenges posting of chief conservator after deal with NAB over illegal assets

The petitioners requested the court to declare illegal the appointment order of Mr Safdar Ali Shah as chief conservator and head of provincial wildlife force through a notification on Sept 21, 2017.

They also sought orders for the respondents to explain under what authority, the BPS-19 officer in question has been holding the post of chief conservator on own pay scale basis after making a voluntary return deal with the NAB against the Supreme Court judgments.

Amanullah Marwat, lawyer for the petitioners, said respondent Safdar Ali Shah, while performing duty as conservator (wildlife) of the Southern Circle (BPS-19) was appointed as chief conservator wildlife department (BPS-20) on own pay scale basis on Sept 21, 2017.

He claimed that as per record, that respondent had entered into voluntary return deal with the NAB in 2013 in the allegations of accumulating assets disproportionate to known sources of his income by returning Rs3.829 million to the bureau.

The lawyer said the Supreme Court in one of its judgments reported had in clear terms observed that the option of voluntary return by a public servant fell within the ambit of ‘misconduct’ and needed to be departmentally proceeded against once he admitted that he had earned money by corruption.

He said the apex court also took suo moto notice of the matter and ordered on Oct 24, 2016, that the employees, who had entered into voluntary return with the NAB, should be acted against.

The counsel said the respondent was first charge sheeted by the competent authority on ground of voluntary return deal, but the result of the said inquiry was not known.

He said a second charge sheet was issued to the said officer and an enquiry was conducted by a committee headed by the then population welfare secretary, Zafar Ali Shah, which submitted its report wherein it was observed that the respondent-officer had committed ‘corruption’ and ‘misconduct’.

Mr Marwat said in light of the second inquiry, a show cause notice was served on the officer but surprisingly, the competent authority awarded him minor penalty of withholding two increments to him for two years.

He said the appointment of the respondent on own pay scale basis had also blocked the promotions of the petitioners and other employees.

Published in Dawn, October 10th, 2018