CASE BRIEF: AIJAZ ALI v.
THE STATE THROUGH NAB & OTHERS
NAME OF PETITIONER
OCCUPATION
DETAILS OF EDUCATIONAL SCHEMES IN
QUESTION
PROCEDURAL BACKGROUND
AIJAZ ALI
Executive Engineer [Education Works Division]
4 Annual Development Programs (ADP)
1. 2007-2008 :
ADP No. 127/146 Up-gradation of
Primary Schools to Middle Schools in
Sindh (460 Units)
2. 2007-2008:
Up-gradation of Middle Schools to High
Schools (230 Units) and High Schools to
Higher Secondary Schools (115 Units) in
Sindh
3. 2008-2009:
ADP No. 159/179 Up-gradation of Middle
Schools to High Schools in Sindh (115
Units)
4. 2008-2009:
ADP No. 161/181 Establishment of Single
Section High Schools in Sindh (53 Units)
5. 2008-2009:
ADP No.164 Rehabilitation of existing
High/Higher Secondary Schools in Sindh
6. Peoples Work Program – II (PWP-II)
1) NAB filed a reference before
Accountability Court, Sukkur against the
following members
- AIJAZ ALI
- ABDUL KARIM MEMON

SUMMARY OF REFERENCE FILED BY NAB
- SHAHID ALI
- ALI DEEPAR (Ex executive engineer,
deceased)
2) Petitioner apprehending his arrest in the
above said reference, moved
Constitutional Petition for pre-arrest bail
before SINDH HIGH COURT
1. As per the Investigation report by the I.O,
officers of Education Works Division,
Jacobabad involved in processing and
withdrawing bogus payments in 5 Annual
Development Programs (ADP) & People’s
Work Program-II (PWP-II)
2. Accused 1-3 fraudulently processed 133
payments/vouchers/bills in favour of
accused 4-25
3. The deceased accused (ex-executive
engineer) were involved in illegal and
unlawful payments of department bills and
vouchers in the name of Education Work
Department Schemes.
4. Some of the accused entered into Plea
Bargain and money were recovered from
them, hence they were not sent to trial.
(Total amount recovered via Plea Bargain
– Rs.72,58,492/-)
5. None of the said payments were pertaining
to Educational and Developmental
Projects.
6. None of the bills were legally pre audited
by Divisional Accounts Officer.
7. These illegal payments caused a loss to
national exchequer worth Rs.
10,42,18,419/-
8. Accused 27-32 ( ie Bankers) have been
made party to the reference for
fraudulently processing the cheques of
payment vouchers
SUMMARY OF PETITION BEFORE SINDH 1. Petitioner has not entered into any
HIGH COURT unlawful payment processing.

2. Posting and pre-auditing of the bills is the

responsibility of the Accounts Office.

3. None of the schemes are make

believe/fake.

4. The physical verification was

satisfactorily done by the SDOs and
Surveyors, Additional Executive Engineer
of the concerned ADP and PWP-II

5. The measurements of the said schemes had

also been duly noted by the surveyors in
the Mbs

6. The Petitioner signed all of the cheques

only after all the codal and legal
formalities were completed.

7. Petitioner issued letters to District

Accounts Officer, Jacobabad for
calculation & verification of the bills in
which he addressed the issue of cutting on
bills and requested to inquire if any cutting
or variation has been seen in the bills and
to correct them for the safeguard of
government and public interest.
Letters are dated 27-05-2016, 11-04-2016,
and 14-07-2016

8. The Petitioner has been appearing in the

investigation process regularly as per the
Investigation Report but NAB has still
categorized him as an Absconder.
9. Petitioner is a chronic patient of heart and
has undergone bypass surgery and is still
undergoing cardiac treatment.
SUMMARY OF SINDH HIGH COURT ORDER

Judges: Zulfiqar Ali Sangi

Naimatullah Phulpoto