ORDER WITH THE SIGNATURE OF THE JUDGE

1. For orders on Misc. No. 5029/2011

2. For orders on Misc. No. 10936/2009

3. For katcha peshi.

4. For hearing of Misc. No. 10937/2009

24.04.2012

Petitioner Moula Bux Katian, present in person.

Mr. Ali Almani, advocate alongwith Mr. Sami ur Rahman,

advocate for respondent No. 5.

Mr. S. Ashiq Raza, D.A.G.

The petitioner, through the instant petition has sought the following reliefs:-

a) Declare that the failure of the respondent No. 4 to invite the petitioner for appearing in the test and interview for selection/appointment for the post of the Chairman OGRA is completely without jurisdiction, unlawful, void ab initio and of no legal effect;

b) Declare that the failure of the respondents No. 1 to 4 to consider the petitioner for the post of the Chairman OGRA is completely without jurisdiction, unlawful, void ab initio and of no legal effect;

c) Declare that appointment of respondent No. 5 as the Chairman OGRA to be completely without jurisdiction, mala-fide, illegal, void ab initio and of no legal effect, while annulling the same;

d) Direct the respondents No. 1 and 2 to consider and then appoint the petitioner as the Chairman OGRA;

e) Permanently and pending disposal of the main petition restrain the respondent No. 5 from performing functions of the post of Chairman OGRA.

The Hon’ble Supreme Court through its judgment passed in const. Petition No. 42 / 2011 in relation to the appointment challenged through the instant petition has held, as follows :-

“Based on the foregoing discussion, we are not in any doubt that the selection process, as conducted, was inherently unsuited for identifying and coming up with a suitable person for appointment as Chairman, OGRA. Having come to this conclusion and considering the other circumstances discussed above, we make the following orders:-

1. That the appointment of responded No. 5 (Tauqir Sadiq) is void ab initio;

2. As a consequence, the notification of his appointment dated 22.7.2009 is set aside and the position of Chairman, OGRA is declared to be vacant;

3. The position shall be filled after adhering to a credible rigorous and transparent selection process undertaken with due diligence along the lines indicated in this opinion or along such lines as the Executive may delineate ensuring obedience to the legislative command given in the Ordinance;

4. The salary and the value of perquisites and benefits availed by the respondents from the date of his appointment i.e. 22.7.2009 till the date of this judgment shall be recovered from him at the earliest;

5. That the National Accountability Bureau shall probe into and prepare a report on the following matters :-

i) The serious allegations enumerated in the Constitutional Petition including those enumerated in paragraph 15 thereof;

ii) The conduct of state functionaries who were engaged in the process of selection of the respondent as Chairman, OGRA and their possible culpability for mal feasance, non feasance and other wrong doing;

iii) The misuse of public office and the involvement of holders of public office in corruption or corrupt practices in terms of the National Accountability Ordinance.

6. The Chairman NAB shall proceed in the matter with the promptness and diligence required in the matter;

7. The report of NAB shall be submitted in Court within 45 days from today;

8. The matter be placed before us after 45 days for such further orders as may be considered appropriate.

Since, as noted above, the Hon’ble Supreme Court has held declared and directed in the matter, in the foregoing terms, this petition has become infructuous and is disposed of accordingly.

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/24.4.2012\zahid