Service tribunal finds currant, former PA speakers guilty of misuse of authority

PESHAWAR: The Khyber Pakhtunkhwa Services Tribunal has found both the speakers of national and Khyber Pakhtunkhwa assemblies guilty of misuse of authority and violation of merit.

The three-member services tribunal issued the judgment in the case filed by KP assembly’s senior additional secretary Kifayatullah against Asad Qaiser and Mushtaq Ahmad Ghani contending that a junior officer, Nasrullah Khan was promoted as secretary of the assembly by Departmental Promotion Committee (DPC) under the pressure of Asad Qaiser, then assembly speaker of KP assembly and the current National Assembly speaker, on Aug 11, 2017. He informed that court, on Sept 25, 2018, Mushtaq Ghani also issued a notification recommending Mr Nasrullah as assembly secretary in violation of merit and rule of seniority.

The three-member tribunal comprising of Mohammad Hamid Mughal, Mohammad Amin Khan Kundi and Ahmad Hassan declared illegal both the recommendations of DPC for the promotion of Mr Nasrullah Khan as secretary and the subsequent notifications by the speakers.

The respondents in the appeal were the KP Assembly speaker, the DPC through its secretary, and secretary of the assembly Nasrullah Khan.

The eight-page judgment held that “The former Speaker namely Asad Qaiser and Mushtaq Ghani; have been termed to be involved in cronyism, nepotism and favouritism; which amounts to misuse of official authority; leaving it open for the concerned quarters to take notice of the same.”

The attorney for the petition was Ali Azim Afridi also brought to the notice of the Tribunal that cases of illegal appointment of Special Secretary and Director (automation and IT) Provincial Assembly were struck down by the Peshawar High Court in two writ petitions on Nov 13, 2018.

The lawyer also presented the minutes of DPC meeting called after the appointment of secretary, when the seat go vacant.

The judgement ruled that the perusal of minutes of the said meeting revealed that the appellant was ignored on flimsy, whimsical and nonsensical grounds and in utter disregard to the criteria for promotion laid down in Service Rules of the Provincial Assembly notified on Sept 25, 2007.

The tribunal ruled that it was a deliberate attempt on part of the respondents to frustrate the efforts of the appellant for his due right of promotion.

“It is a perfect case for disqualification of both the speakers of national and KP assemblies,” Ali Azim Afridi told media.