Reference No. 1

 
 



 

 

 

REFERENCE / COMPLAINT NO. 1


Reference dated March 26, 2005 – Misuse of Official Powers


Lt. Gen. (Retd) Touqir Zia

The Chairman,
National Accountability Bureau,
Head Quarter,
Islamabad.

Pakistan Peoples Party …………………………………………… Complainant.

Versus

Lt. Gen. ® Touqir Zia, Ex-Chairman Pakistan Cricket Board.

Mushtaq Ahmed, G.M. Finance, Pakistan Cricket Board.

Asad Mustafa, G.M. Logistics, Pakistan Cricket Board.
........................................Respondents

Subject: Complaint under Section 5 & 18 (B) Sub. Section-II of the National Accountability Bureau (NAB) Ordinance 1999, against the Holders of Public Officer for Punishment Under Section 10 of NAB Ordinance Causing a financial loss to the National Exchequer by Corruption and Corrupt Practice.

1. That the Respondent in this complaint does fall within the ambit of NAB Ordinance 1999 for the purpose of investigation trial and punishment.

2. That the respondents are reported by guilty of corruption and corrupt practices defined in Section 9 of the Ordinance and as such are subject to punishment under Section 10 of the ordinance based upon the following facts and grounds.


Facts and Grounds.
1.That According to the daily newspaper the “Dawn” dated 26-02-2005 Lt. Gen (Retd) Touqir Zia Ex-Chairman PCB had transferred the ownership of an official car to himself at less then half of its original price in violation of policy already laid down by the Government of Pakistan.

2.That Lt. Gen. (Retd) Touqir Zia had himself issued a notification policy for the transfer of official vehicles in the name of officials including himself of the PCB on 15-07-2003 to justify the transfer of the latest model official vehicles. A few month later in December 2003.

3.That three other senior officials of PCB dealing with Treasury, Logistics and finance also benefited from the above Policy.

4.That the policy notification issued by the former chairman was in violation of the Government procedure for disposing of the vehicles that are sold through an open auction.

5.That the transferred vehicle Honda City bearing Registration No. LXR 1983 by himself at a price of Rs.339,940/-. The said vehicle was purchased by the PCB in June 2000 at the cost of Rs.750,000/-.

6. That instead of disposing of vehicle through an open auction as per Government policy in public sector institutions. The vehicle price was shown to be depreciated by Rs.410,160/- and was transferred to the respondent no. 1 Mr. Touqir Zia retired Lt. Gen. on 31-12-2003.

Conclusion:
Based on the above facts and grounds respondents have shown willful indulgence in corrupt practices under Section 9 of the Ordinance. Such persons are subject to punishment under Section 10 of the Ordinance.

As such the Chairman of the NAB is called upon to initiate investigation in connection with the matters set out herein above and further proceed to file a reference against respondents for violating the provisions of section 9 of the ordinance punishable under section 10 of the ordinance in the competent court of law and proceed against those concerned for violating Section 9 of the Ordinance.


Complainant:
Pakistan Peoples Party
Through:
Ch. Muhammad Aslam
Advocate High Court
March 26, 2005

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