CDA approves new SoP for law directorate

ISLAMABAD:Capital Development Authority (CDA) has approved new Standard Operating Procedure (SOP) for smooth functioning of its Law Directorate. Lawyers on the pool of Capital Development Authority have been divided into three categories based on their qualification and work experience as per newly approved SOP. Nature of cases to be assigned to each category of lawyers has also been finalized as per financial worth of each case. Member Administration, CDA, Mohammad Yasir Peerzada has approved new SOP.

Member Administration, CDA, Mohammad Yasir Peerzda has said that improved performance of Law Directorate has direct impact on overall performance of Capital Development Authority. Particular attention is, therefore being payed to up-gradation and reformation of Law Directorate. New SOP has been designed to make working of Law Directorate smooth and seamless.

In this connection three categories of panel lawyers have been formulated. Category – A will comprise of lawyers having foreign legal degree / Ph.D and equivalent degrees in Law. The experience for category – A lawyers would be minimum 07 years or LLB degree with at least 10 years experience as Advocate Supreme Court / High Court. Category – B of penal lawyers will have qualification i.e Foreign Legal degree holder / Ph.D (Law) or equivalent qualification in Law having 05 years experience at Advocate in High Court or 07 years experience in case of LLB degree holder. Category – C will comprise of the advocates having LLB foreign legal degree / Ph.D (Law). Minimum Experience for this category has been set two years as advocate High Court.

Similarly, different categories of the cases, depending upon their nature, have also been formulated which will be dealt by respective category lawyers. All cases involving financial implication of Rs 300 million and above or challenging a Major Policy / Act / Rules / Regulations of CDA, involving important service matters and cases affecting major service / organizational structure, causing negative effect on development works of CDA would be dealt by the category A employees. Category B lawyers would deal cases involving financial implications less than 300 million to Rs 50 million while category C will deal cases in which CDA is Perform a-party.

After receiving the notice, DDG (Law), will determine the nature of case and then decide the category in which the case falls in. In case of Category A, DDG (Law) shall seek a prior approval from Member (Admin) before appointing a lawyer for the case. In such a case DDG (Law) shall also make recommendations and in doing so, preference should be given to Legal Advisor or an Additional legal advisor over the panel advocates. The entrustment of the case would be made to those lawyers who exhibit good performance and professionalism.

If Member administration do not agree with recommendations of DDG (Law), he can nominate legal advisor / additional legal advisor or a panel advocate. As far as possible, non panel Advocates shall not be engaged other than CDA cases, however, Member Administration may assign the case out of panel with the approval of Chairman CDA.

Similarly, while assigning cases of category B, DDG (Law) will scrutinize the case to identify the nature of case and decide its category. If the case appears to be category B DDG(Law) shall assign the case to any of lawyer depending upon the performance and professionalism in pursuing the CDA Cases. Once the penal is chosen, DDG (Law) will assign the case depending upon case nature and expertise and field of practice of the lawyer.

Similarly, after identifying category of the case, DDG (Law) will assign C category cases to any lawyer on the penal of the Authority depending upon good performance and professionalism in CDA cases.

If the cases is to be withdrawn from the appointed council procedures have also been prepared. The cases of category A will be withdrawn from the council on the recommendation of DDG(Law) and with the approval of Member Administration. While in all other cases withdrawal would be made by the DDG(Law). The withdrawal of the cases would be made due to the reasons including the appointed cases could not pursue the case due to certain unavoidable circumstances, the appointed council not pursuit the case in accordance with the directions given to him by concerned by the Authority. Similarly, if the case is decided Ex-parte due to non appearance of council or continuous non appearance or Competent Authority of the view that the performance of the council is not satisfactory.

Moreover, no officer, witness or council of CDA will give any statement before court or any other forum without prior approval of Chairman, CDA or CDA Board in Category A cases. Similarly in other cases approval of Director General and Director concerned would be mandatory.