ISLAMABAD  - The Islamabad High Court (IHC) Tuesday issued detailed judgement in the matter related to the officials on deputation in Federal Investigation Agency (FIA).
Justice Shaukat Aziz Siddiqui in the detailed verdict observed that this court is constraint to observe that posts in FIA are considered as more lucrative not due to the salary package and facilities rather due to influence exercised for irrelevant considerations.
It is pertinent to mention here that two more petitions are also pending before the court against the 165 deputationists in FIA.
Earlier, Justice Siddiqui on June 06, 2013 through short order had declared the permanent absorption of 44 government officers in FIA after these officers had joined the FIA on deputation basis, as illegal.
The court had also directed the FIA authorities to send back these officers to their parent departments and later the investigating agency submitted a compliance report before the court while informing that the officers had been sent back.
In the detail judgement, the bench further observed that 'every citizen of the country is aware of this fact that how much amount is being paid for posting and transfers in FIA'.
Justice Siddiqui also noted, "When persons with such cryptic devices land in such departments, they set their own priorities instead of curbing the evil of corruption."
In 2012, Federal Interior Ministry had appointed 44 officers of BPS-17 to 19 in the FIA. However, an IHC bench had restrained the investigation agency from permanently absorbing them while issuing directives at the writ petition of an FIA deputy director Saifullah Jokhio alongside some other petitioners.
On June 06, the counsel for the petitioner Shah Khawar Advocate had argued that it has became a routine practice that due to political influence, officers from other government, semi-government departments and autonomous bodies are firstly requisitioned in the FIA for appointments on deputation, and afterwards, are absorbed in the agency.
He further argued that the appointments on deputation and the absorption are a violation of the mandatory provisions of the FIA act 1974.
The court in its detailed judgement observed that the induction of all the 44 officers in FIA is based on favouritism that is floating at the face of record. Justice Siddiqui said that the FIA has got huge responsibilities in maintaining writ of government and internal discipline in FIA should have been like Pakistan army.
Earlier, the counsel for the petitioner on June 06 had pointed out that the appointments in BPS-19 could only be made through promotion of BPS-18 officer working in the FIA on regular basis. He pointed out that in sharp violation of the rules, the contract employees of National Database and Registration Authority (NADRA) are being absorbed in the BPS-19. In the said absorption, the legal method of appointment was not followed.
The bench in detailed judgement observed that the rules give powers to the FIA to hire services of the officers from other departments for capacity building of the FIA. But these powers were used ridiculously. There were many officers hired on deputations in the FIA, who had no experience of working in any law enforcement agency.
It further observed that there were thousands of government officers and how these 44 were selected and adopting what criteria? These officers who were on deputation in FIA were taken from the institutions like Employees Old Age Benefit Institutions, National High Way and Motorway Police, Pakistan International Airlines, National Database Registration Authority and National Electric Power Regulatory Authority.
Justice Siddiqui observed what criterion was adopted for selection of these candidates and what were their achievements.
Among the officials appointed in FIA on deputation included the former deputy commissioner Islamabad Asad Ullah Faiz, Jawad Ahmed Qureshi, Jameel Ahmed Khan and Dr Shafiur Rehman of secretariat group, former additional deputy commissioner Gen Agha Mohammad Ali Abbas, Mazhar Hussain Shah from FBR, and Mohammad Naseemul Haq from NEPRA.