ISLAMABAD: The Lahore High Court (IHC) issued notices to the Prime Minister, Secretary Establishment Division, Secretary Law, Chairman FPSC, Attorney General of Pakistan and Registrar ATIR Pakistan on a petition which challenged the appointment of 10 Judicial Members (BS-21) of the Appellate Tribunal Inland Revenue (ATIR).
The Prime Minister, through a notification on June 2, 2021, appointed 10 Judicial Members of BS-21 to the ATIR. The petitioner, an advocate Waheed Shahzad Butt, requested the LHC to declare these appointments as illegal and unconstitutional.
LHC Order stated that the petitioner in person submits that the amendment in the rules is in violation of Article 240 read with 242 of the Constitution and Federal Public Service Commission Ordinance 1977, which envisages appointment in Services of Pakistan from Grade-16 and above through Federal Public Service Commission.
The petitioner has requested the LHC to cancel the June 2 notification because all such appointments had been made in flagrant violations of the rules and regulations applicable in such employments. The contractual appointments of judicial officers in BS-21 could not be made without advertisement and information to the public at large. Notification dated 02.06.2021 regarding appointment of ten persons to hold the Public office as Judicial Member (BS-21) may be cancelled and declared patently illegal because notification dated 02.06.2021 is in direct violation of Article 240 of the Constitution read with law governing Appointment on Contract Basis under Civil Establishment Code (Estacode) and intentional contempt of binding verdicts of Supreme Court in 1998 SCMR 2190.
Through impugned legislation, the power has been given to Prime Minister instead of Federal Government, which is also in violation of law laid down in judgment Messers Mustafa Impex, Karachi and others v The Government of Pakistan through Secretary Finance Islamabad and others (PLD 2016 SC 808). Notices be issued to the respondents and office of the Attorney General of Pakistan, LHC order added.
Copyright Business Recorder, 2022
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