' MUNIR A. SHEIKH, J.---This reference under Article 4(2) of the President's (Post-Proclamation) Order No,17, Parliament and Provincial Assemblies (Disqualification for Membership), Order, 1977 has been made against Mr. Jehangir Badar, Ex-Federal Minister for Petroleum and Natural Resources.
2. I have heard preliminary arguments of Mr. M.B. Zaman, learned counsel for the referring authority and examined in detail the material placed on record with his assistance.
3. The allegation against the respondent is that he allowed payment of Rs,7.635 Millions to ABEL i.e, a Civil Engineering Firm of Lahore in connection with two contracts regarding Quetta Gas Pipeline Project and Indus Right Bank Pipeline Project by re-opening a past and closed transaction as the said Firm had already received certain amounts in full and final settlement of its claim, and while the matter was pending adjudication before the Wafaqi Mohtasib.
4. From the material placed on the record, it is clear that the decision to make payment of the disputed amount to the said firm was taken in the meeting of the Board of Directors presided over by the respondent and not by him in his individual capacity. As such no blame can legitimately be placed upon the respondent for taking that decision as if taken by him individually. It may be pertinently added that the above conclusion finds further support from the absence of any specific allegation in the reference and the material on the record to the effect that the respondent pressurized the members of the Board of Directors for taking the said decision and in particular from the absence of any plea to the effect that the said decision was motivated by a desire on the part of the respondent to acquire personal gain.
5. In the context of the foregoing discussion, I am of the considered opinion that the charge cannot be established. I accordingly return the reference as contemplated by Article 4(3)(a) of the President's (Post-Proclamation) No,17, to the referring authority.