Law: National Accountability Ordinance, 1999

Section: 9(a)(vi),9(b)

Law: Constitution of Pakistan, 1973

Section: 199

National Accountability Ordinance (XVIII of 1999)--- ----Ss. 9(a)(vi) 9(b)-- Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Prima facie case---Record, disappearance of was alleged to have misused his authority and had made illegal appointments causing loss to national exchequer---Plea raised by accused was that he was to follow the instruction of his seniors---Validity---No record was available to support candidacy, let alone each one having earned same marks---Instead of getting alarmed and playing his part with due caution expected of a public officer in such circumstances, he went ahead and issued offer orders---Manual of Secretariat Instructions showed that accused as Section Officer was among others was in charge of that section and responsible for its proper working and maintenance of record in addition to disposing of cases of his section in the light of precedents, which required his attentive diligence towards his duty and not being blindsided by a letter from his superior---High Court repelled the stance of accused that he had no option but to issue offer letters to obey order of his Secretary, as such stance was shorn of legal value---Accused and others like him in order to cover-up illegal acts ensured disappearance of record---Such fact was supported by witnesses in their statements and was also established in departmental inquiry by a committee formed for such purpose---High Court declined to release accused on bail as all pieces of evidence prima facie connected accused with alleged offence--- Bail was refused, in circumstances. ORDER MUHAMMAD IQBAL KALHORO, J.--- In hand are two petitions filed by accused Noor Muhammad Leghari and Dr. Kishore Kumar in Reference No.19/2020. Former has sought release from jail alleging his custody to be illegal and, only as an alternate, relief of post-arrest bail; while the later has prayed for post arrest bail in the said reference. 2. In brief, the case against them is that when they were working in Education Department as Secretary and Section Officer respectively, by misusing their authority in collusion with each other and other accused, appointed 294 people illegally…

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