Lahore High Court (LHC) has issued notice to the federal government and sought reply on March 15 in case of appointment of an official in BS-22 as Chairman, Appellate Tribunal Inland Revenue (ATIR). According to the details, LHC heard the case which is filed by a Lahore based tax lawyer through Chairman Judicial Activism Panel Mohammad Azhar Siddique.
The counsel argued before the court that the criteria for appointment of chairman ATIR is that he/she must have ten years active practice as an advocate of High Court. He accused that the federal government appointed chairman ATIR against required criteria. The petitioner also accused that the matter of huge loss to the national exchequer is also under investigation by the National Accountability Bureau (NAB). He requested to the court to declare notification of appointment of chairman ATIR as null and void.
The petitioner said that a specific request was forwarded to the Law Ministry with the understanding that the matter of appointment of a person in BS-22 as a Chairperson is quite sensitive in nature, as the ATIR is a final fact finding authority under the hierarchy of appeals provided under fiscal statutes.
As per request following information/documents were requisitioned by the Law Ministry:
Whether before appointing the said official as Chairperson (BS-22), investigation/enquiry/ complaint against him was disposed of/filed/closed (As per Ministry of Law and Justice letter No. F.1(34)/2015-A-IV (Pt) dated 24.05.2016, complaint is being examined against him)? In case any action (if any) has been proposed, kindly provide copy of any intimation/report submitted before the competent authority ie Prime Minister before appointing him in BS-22? Candidates who have experience as an Advocate of a High Court are required to provide a detailed Cause List and a Certificate of having more than 10 years Active Practice duly verified by the Registrar High Court, kindly confirm whether any certificate from High Court with detailed Cause list was provided to prove his eligibility in terms of Article 193 of the Constitution of Pakistan? The post of Chairperson (BS-22) ATIR is in nature of "Civil Servant", the said selection post/appointment should have been routed through the selection Committee/Board/FPSC, kindly provide documentation in this regard forwarded to the competent authority ie Prime Minister? The said information was requested from the Law Ministry.
Chairman ATIR may be required to show his eligibility to prove active practices of ten (10) years through list of cases conducted by him in any High Court of Pakistan and to explain that under what authority of law he hold the office as Judicial Member of the Tribunal and now as Chairperson Tribunal and he may also be de-seated from the said office, petitioner added.
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