By Bilal Khodadad, For Payk
Disclaimer: This report was compiled by the Payk Research Center, and the original Farsi version of this investigative report was published on the Daily Etilaatroz website.
Payk Research Center has obtained documents suggesting that Dr. Shah Wali Maroofi, head of the Contagious Diseases Department at the Ministry of Public Health, was dismissed from his position a decade ago following allegations of sexual harassment during an international work trip. Despite this, he was reportedly reinstated through unclear procedures and continues to receive a substantial salary and benefits. These documents indicate he currently earns over 250,000 Afghanis monthly and faces accusations of irregular personnel practices and misuse of a government vehicle.
In response to a request for information from a Payk Research Center reporter, the ministry’s communications department informed the Access to Information Commission that “sufficient documents with detailed information will be provided if necessary.” However, their subsequent response to seven specific questions failed to align with existing documentation and the reporter’s inquiries. The ministry has described the incident involving Mr. Maroofi as a misunderstanding.
Details of the Dismissal
In 2013, Dr. Shah Wali Maroofi, then head of the Contagious Diseases Department within the Ministry of Public Health’s Preventive Medicine Directorate, traveled to Italy for a WHO-sponsored workshop on tuberculosis control. Shortly after his arrival, the WHO office sent an email and formal letter to the Afghan Ministry of Public Health, stating: “We regret to inform you that the head of your Contagious Diseases Department, during his official trip on November 23, 2013, sexually harassed a female hotel staff member. Following complaints from the staff member and hotel manager, Mr. Maroofi was questioned by local police, and the case was referred to the Spinta City Court.”
The letter further noted that instead of attending the scheduled court hearing on November 27, Mr. Maroofi left the hotel under unclear circumstances on November 25 and subsequently returned to Afghanistan.
The WHO barred Mr. Maroofi from further participation in the workshop and urged the Afghan Ministry of Public Health to investigate the matter internally.
Subsequently, the Ministry of Public Health’s administrative office submitted a proposal to the president, stating: “In light of the aforementioned and to preserve the national and international reputation of the Islamic Republic of Afghanistan, it is recommended that Dr. Shah Wali Maroofi be dismissed from his position and subjected to legal inquiry.”
President Hamid Karzai approved the proposal, ordering the dismissal of Dr. Shah Wali Maroofi.
While the ministry’s human resources department issued a formal dismissal letter on April 5, 2014, Mr. Maroofi was later reinstated through undisclosed procedures, returning to his previous position and authority.
According to Article 24 of the Afghan Penal Code, any Afghan citizen who commits an act outside the country that is considered a crime under Afghan law is subject to prosecution upon their return, provided the act is also punishable under the laws of the country where it occurred.
Despite a formal request for information submitted over a month prior, the Attorney General’s Office has yet to respond regarding any criminal case filed against Mr. Maroofi.
Ministry of Public Health officials have labeled the sexual harassment allegation a “misunderstanding,” claiming it was reviewed by a joint fact-finding committee and the Administrative Reform Complaints Commission. They assert that Mr. Maroofi’s reinstatement was based on a recommendation from the Administrative Reform Commission and a presidential decree.
Ministry officials claim Mr. Maroofi’s initial dismissal was “annulled” but have failed to produce any official documentation supporting his reappointment.
Officials at the Independent Administrative Reform and Civil Service Commission have also confirmed the absence of any records pertaining to Mr. Maroofi’s reappointment. According to available information, these events transpired during Hamid Karzai’s presidency and Suraya Dalil’s tenure as Minister of Public Health.
High Salary for a Position Lacking Transparency
A review of the payroll records for the Contagious Diseases Department reveals that Dr. Shah Wali Maroofi, holding a second-tier position, receives a monthly salary of approximately 266,000 Afghanis.
Sources within the Ministry of Public Health suggest that Mr. Maroofi’s role lacks demonstrable effectiveness and transparency. However, ministry officials, without providing concrete evidence, maintain that this salary is in line with an agreement with the Global Fund and is drawn from the government’s non-discretionary budget, purportedly with the Ministry of Finance’s approval. Yet, an official letter from the Ministry of Finance, dated November 8, 2020, states: “Regarding the regulation of contractual employee salaries, relevant departments are required to adhere to the budget execution guidelines and regulations. Under no circumstances should a monthly salary exceeding 250,000 Afghanis be paid from either discretionary or non-discretionary funds.”
Mahboubeh Babri, a spokesperson for the Ministry of Finance, stated that a committee is addressing the salary issue for department heads and that a directive will soon be issued to all government agencies. Regarding Mr. Maroofi’s salary, she noted that an amount exceeding 250,000 Afghanis had been allocated for transportation expenses but was later discontinued.
However, Mr. Maroofi’s official contract with the Global Fund stipulates that transportation costs are the responsibility of the individual contractor. Furthermore, the department’s payroll records for the current year indicate that the additional amount has not been deducted from Mr. Maroofi’s salary.
The Global Fund, in response to an inquiry, stated: “As this matter pertains to government employees, we advise you to contact the Ministry of Public Health for further information.”
Subsequent inquiries to both the Ministries of Finance and Public Health yielded no definitive or substantiated answers.
Use of Government Vehicle for Personal Use
As head of the Contagious Diseases Department, Mr. Maroofi has access to three government-plated vehicles. Video footage obtained by Payk Research Center shows two of these vehicles being used by Mr. Maroofi’s family members for personal errands, while the third is used for his personal and professional affairs. The complete details of these vehicles are in the possession of the Payk Research Center, but will not be released for security reasons.
The video footage shows Mr. Maroofi’s driver transporting his school-aged children to and from school.
One of Mr. Maroofi’s drivers, who wished to remain anonymous, stated that he is on call for the head and his family even on weekends and holidays. He recounted an instance where he transported Mr. Maroofi’s daughter to school and was awaiting instructions to pick up his son, mentioning that he had not received his development salary for two months.
Mr. Maroofi declined to respond to any of these allegations or answer the reporter’s questions.
Accusations of Interference in Personnel Matters
According to available documents, Dr. Mohammad Sami Nehzat, director of the National Malaria and Leishmania Control Program, requested a leave of absence on January 20, 2021, nominating Mr. Mohammad Shoaib Tamim, head of the Epidemiology Department, as acting director. The ministry leadership approved the leave and acting director appointment.
However, after more than a month under Mr. Tamim’s leadership, Dr. Shah Wali Maroofi proposed to the Ministry’s Preventive Medicine Directorate that Dr. Mohammad Naeem Habib, the program’s technical coordinator, be appointed as acting director instead, citing that Mr. Tamim’s position was subject to open competition.
Despite this, records indicate that Mr. Habib was also appointed through a non-competitive process. Mr. Habib declined to comment on his appointment.
A proposal from the Preventive Medicine Directorate, dated June 2016, indicates that both Dr. Mohammad Naeem Habib and Dr. Sulaiman Noori, employees of the National Malaria and Leishmania Control Program, lacked the necessary qualifications for open competition.
Furthermore, internal regulations state that a contractual employee cannot be appointed as an acting director for a civil service position.
A recent directive issued by the Preventive Medicine Directorate on December 4, 2020, citing presidential orders, mandates that all employees hired non-competitively in 2020 must have their positions re-advertised and filled through open competition. Those who have held non-competitive positions for over a year are to be dismissed, and their positions re-advertised.
According to the Ministry of Public Health’s human resources department, over 620 employees in lower-level positions were hired non-competitively, while 16 employees in senior positions are currently serving as acting directors.
Ministry officials assert that the Attorney General’s Office has been tasked with implementing the presidential directive and that the results will be announced upon completion of the process.
However, the Attorney General’s Office has not responded to inquiries from the Payk Research Center during the preparation of this report.
Documents and information obtained by Payk Research Center suggest that Mr. Maroofi, in addition to his controversial reinstatement and misuse of authority, has engaged in selective personnel practices.
Several employees of the Contagious Diseases Department allege that Mr. Maroofi has withheld their Several employees of the Contagious Diseases Department allege that Mr. Maroofi has withheld their monthly salaries, reportedly because he suspected them of leaking information to the media.
Idris Zia, the financial officer for the Malaria and Leishmania Program, told the Payk Research Center that Mr. Maroofi, suspecting that they had shared documents and information with the media, withheld development salary payments from 13 employees, including himself, warning them that they would not be eligible for further payments if the report was published.
This protesting employee added that Mr. Maroofi even processed the payroll without his (the financial officer’s) signature.
Basir Bahawor, another employee in the department, accused Mr. Maroofi of ethnic favoritism, claiming that he was illegally dismissed from his position a few months ago and replaced by someone else. However, after appealing and submitting documentation, he was reinstated.
Some legal experts and jurists in the country believe that any violations and irregularities should be addressed through legal channels. As stipulated in the Afghan Penal Code, abuse of official authority is considered a crime.
Article 403, paragraphs one and two, of the Afghan Penal Code, regarding abuse of official powers, states: “If a public service official, for the purpose of gaining illicit benefits for himself or another person, commits an act contrary to the law or refrains from doing so, he commits the crime of abuse of office and shall be punished by medium imprisonment with a fine of 60,000 to 300,000 Afghanis. The perpetrator of the crime mentioned in paragraph one of this article shall also be sentenced to dismissal from office and expulsion from the profession.”
