National Accountability Bureau

2023 PCrLJ 1536 ISLAMABAD Judicial Precedent

Ss. 5(o), 5(s), 9(a)(ix) & 16(e), proviso [as inserted by National Accountability (Amendment) Act (XI of 2022)]Cheating members of public at largeNational Accountability BureauJurisdictionSupplementary ReferenceScope

Matters involving value of less than five hundred million Rupees and where victims of offence under S. 9(a)(ix) of National Accountability Ordinance, 1999, are less than one hundred persons, the jurisdiction of Bureau has been ousted

Bar has been imposed on filing of supplementary reference, except where investigation reveals new facts and that too with the permission of Accountability Court.

2020 PLD 456 SUPREME-COURT Judicial Precedent

Ss. 9, 18(e) & 24Corruption and corrupt practicesNational Accountability BureauVictimization of political opponentsArrest and lengthy incarceration without sufficient cause

Observations about the working of the National Accountability Bureau recorded by the Supreme Court.

2019 PLC(CS) 1084 KARACHI-HIGH-COURT-SINDH Judicial Precedent

PreambleNational Accountability Ordinance (XVIII of 1999), S. 28(c)Federal Service Tribunals Act (LXX of 1973), Ss. 4 & 2Constitution of Pakistan, Art. 18SRO No. 1106(1)/2015 dated 16-02-2016Civil Servants Act (LXXI of 1973), S. 2PromotionNational Accountability BureauEmployees, Personal Assistants (BS-16), were promoted to the post of Private Secretary (BS-17)

Contention of petitioners employees was that they should be promoted as Assistant Director (BS-17) instead of Private Secretary as promotion of Personal Assistant in next grade was Assistant Director

Validity

Employees of National Accountability Bureau were not "civil servants" and they could not file appeal before Service Tribunal

National Accountability Bureau had statutory rules of service and an aggrieved person could invoke constitutional jurisdiction of High Court

Petitioners employees had failed to justify their eligibility for appointment by promotion as Assistant Director

Government had power to change the promotion policy and prescribe the qualification for a particular post through amendment in the relevant rules

Employees were not eligible to be considered for promotion to the post of Assistant Director as they had no length of three years' service in BS-16 or eight years' in BS-11 and above

Employees could not claim promotion as a matter of right

Petitioners had failed to point out any malice on the part of department or infringement of their rights warranting interference of High Court in its constitutional jurisdiction

Fair and meritorious appointment to public office was requirement of law

Civil servant could not be transferred from his cadre to another cadre and absorbed in another cadre post

No illegality, irregularity or infirmity had been pointed out in the impugned notification passed by the department

Constitutional petition was dismissed in circumstances.

2013 PCrLJ 974 PESHAWAR-HIGH-COURT Judicial Precedent

PreambleNational Accountability Bureau

Functions of the Bureau can be divided into three different categories namely: detection, investigation and prosecution.