ISLAMABAD: Collector, Collectorate of Customs Islamabad has ordered De Novo Inquiry proceedings against Customs Official Shaukat Malik into fraudulent clearance of HeliCopter spare parts in which national exchequer bears approximately Rs7 billion loss.
Sources said that Collector, collectorate of Customs Islamabad Hasan Saqib has tasked additional collector Dr Kaukab Farooq and Deputy Collector Preventive Syed Jalal Haidar Zaidi to again conduct under the Government Servants (E&D) Rules, 1973 into the charges/ allegations already leveled and served upon the accused officer vide Charge Sheet/ Statement of Allegations C.No. 04(0759991/2020/6398 dated 21.07.2020.
Earlier, former Additional Collector (AFU)Â Rizwan Salabat, and Deputy Collector IDP Farheen Zahra led the inquiry committee in its report declaring Shaukat Malik innocent.
However, Collector Hasan Saqib in its order stated that the Superintendent has himself admitted before the Inquiry Committee that he remained posted in the Royal Shed. Not only did he remain posted in the Royal Shed but fraudulent Agha Khan Foundation were filed and cleared from the said Shed during his tenure as the Superintendent Incharge.
The Superintendent has also misled the Committee in his reply by stating that his posting in the Royal Shed “was a partial charge as a stop gap arrangement” and for this reason he concentrated more on his actual charges. Again record states otherwise. His posting orders to the Royal Shed do not state or qualify the posting as a partial charge or stop gap arrangement.
The Collector further maintained that I am convinced that the Inquiry Committee has failed to do justice to the Charge Sheet/ Statement of Allegations Issued to Shaukat Malik.
The Superintendent, Therefore, not agree with the findings of the Inquiry Committee and in the light of facts of the case and in the interest of justice, order to conduct de-novo inquiry proceedings against Shaukat Malik, Superintendent under the erstwhile Government Servants Rules 1973. Sources said that ‘De Novo Inquiry’ can be conducted in the light of prevailing rules and laws.
The previous rules that are called efficiency and discipline 1973 have been rescind and replaced by the E&D rules 2020 wherein the authority is empowered to issue the charge sheet whether new or the same.
Recently, Customs Appellate Tribunal Bench-1 Islamabad in its two ordered directed FBR and its field formation to recover Rs7 billion amount from M/s Capital Cargo Services besides also imposed Rs10 million penalty on Gerry D’nata, Rs3.5 million Shaheen Airport Services and Rs1 million on Royal Airport Services on their involvement in this big scam of fraudulent clearance of goods.
Earlier, the Collector adjudication in two orders imposed a double penalty ( Rs10 millions Gerry D’nata, Rs7 million Shaheen Airport Services and Rs 2 Million Royal Airport Services.
In addition, the Customs Appellate Tribunal Islamabad has also directed FBR’ relevant offices to fix responsibility on the delinquent staff through inquiry besides constituting a dedicated recovery team, headed by a senior customs officer to recover the evaded amount.
Sources said that the Collectorate of Customs Airport has just terminated one Data Entry Operator from job and also tasked a senior officer to recover the amount from above-mentioned clearing agents or companies.
The Deputy Collector Customs, Air Freight Unit, Islamabad during the course of post clearance audit of M/s Aga Khan Foundation for the period FY 2019-2020 came to know that Customs Clearing Agent M/s Unique Enterprises filed Goods Declaration in the name of Aga Khan Foundation containing description as helicopter parts and claimed the inadmissible benefit of 9903.
As per 9903:- “Imports by Privileged personnel/ organization: Goods imported by privileged personnel or by organizations or by any person authorized by the contracting parties, under grant- in- aid agreements (including those agreements which cover off budget foreign contributions or funds brought by registered INGO’s without any financial liabilities to the Government of Pakistan) signed by the Economic Affairs Division (EAD) and or by any Ministry authorized by the Government of Pakistan and duly concurred by the Federal Board of Revenue (FBR).”
As per Rule 29 of CGO 12/2002, Additional Collector is the competent authority to approve the said exemption. But the importer / clearing agent did not fulfill both requirements; hence, the exemption is inadmissible as per data of One-Customs retrieved from M/s PRAL.
Despite Customs adjudication as well as Appellate Tribunal exonerated M/s Aga Khan Foundation from the charges levelled in the show cause notice on the grounds that nothing is placed on record to suggest their involvement. However, a warning is issued to them as due diligence on their part could have avoided this scam.
M/s Aga Khan Foundation Logistics and Clearance staff should accompany the clearing agents in all future deliveries of their consignments as is done by other INGO’s / Diplomatic Mission.
