KARACHI: The Sindh High Court (SHC) has restrained federal authorities from issuing final order on the disciplinary proceedings against Benazir Income Support Programme (BISP) Sindh director general without permission of court.
A division bench headed by Justice Munib Akhtar gave this interim order on a petition of Zafar Ullah Khan Soomro, BISP Sindh DG who moved the court impleading finance secretary, auditor general of Pakistan, Shagufta Khanum deputy auditor general Pakistan and director general Audit Sindh as respondents.
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 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 authorized person to issue such notice as according to relevant laws in case of any grade-20 officer the premier was authorized to appoint an inquiry officer who could conduct disciplinary proceedings and take action.
He said that auditor-general was not authorized 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 him to associate himself with the proceedings but no final order shall be made without permission of the court. It 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.