Supreme Court on Tuesday issued a notice to Secretary Trade Development Authority of Pakistan (TDAP) Abdul Kabir Kazi over his restoration from Federal Service Tribunal in response to Federation's appeal in the matter. The Federation contended that Kazi was working as joint secretary in Ministry of Commerce and also had additional charge of secretary TDAP when he was granted major penalty of dismissal from service on involvement in various acts of misconduct.
However, Kazi availed the forum of appeal and then invoked the jurisdiction of FST which restored him. Appearing before a two-member bench led by Justice Ejaz Afzal Khan, Deputy Attorney General for Pakistan Sohail Mehmood contended that Kazi was a regular BS-20 officer of Pakistan Administrative Service (PAS).
Sohail Mehmood said that during June 2013, Ministry of Commerce had conducted preliminary/fact-finding proceedings into the allegations of misappropriation and misconduct in the payments of subsidy pertaining to Strategic Trade Policy Framework 2009-2012, adding that a report was forwarded to the Prime Minister with findings and recommendations in August 2013.
Mehmood further said that on those recommendations, the proceedings under the Government Servants (E&D) Rules, 1973 were initiated against Kazi. He informed the bench that Haroon Muhammad Khan Tareen, Member Federal Board of Revenue, was appointed as authorised officer while Dr Hammad Awais Agha, a BS-20 officer of PAS, was appointed as enquiry officer.
Sohail Mehmood told the bench that the inquiry officer conducted detailed inquiry into the matter by observing due process of law and found Kazi guilty of misconduct. Mehmood submitted that Kazi was awarded major penalty of "dismissal from service" to which the respondent filed a departmental appeal and upon rejection of the same Kazi invoked the Federal Service Tribunal's jurisdiction which allowed the appeal on technical grounds by a majority opinion.
Sohail Mehmood contended that the FST verdict is not maintainable on facts and law and requested for the dismissal of tribunal's order. After a brief hearing of the matter, the bench issued notice to the respondent and adjourned the hearing of case till a date in office.
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