ATIR members: IHC restrains law ministry from making final appointments

ISLAMABAD: The Islamabad High Court (IHC) has issued an interim order restraining the Law Ministry from making final appointments of Members of the Appellate Tribunal Inland Revenue (ATIR).

The order was passed in response to a petition challenging the invitation for written tests for these positions, scheduled for December 8, 2024 at NUST Islamabad.

Details revealed that an Abbottabad-KPK based lawyer, Mudassir Malik, has raised concerns regarding the legality and transparency of the recruitment process. The IHC, while acknowledging the significance of the matter, issued the restraining order.

When contacted the counsel for the petitioner informed that proceeding with fresh appointments could create vested rights and potentially lead to a multiplicity of legal challenges.

The central issue in the petition pertains to the manner in which these appointments are being made at ATIR, Pakistan. The Law Ministry has been allowed to continue with the evaluation process for the recruitment of ATIR Members.

However, the IHC has prohibited the finalisation of any appointments until the writ petition is decided and the recruitment process will remain subject to the final decision in the ongoing case.

IHC order stated: “The applicant has impugned an invitation to carry written tests for the post of Members of the ATIR, which is scheduled to be held on 08.12.2024. If fresh appointments are made, they will create vested rights and there will be multiplicity of proceedings as the very manner in which appointments are to be made forms the subject-matter of the petition. Let the petition also be fixed on 13.02.2025.

Meanwhile, the respondents may continue with the evaluation process being undertaken for appointment of Members in the ATIR, but no final appointments will be made and the recruitment process shall remain subject to the outcome in the instant matter“.

This development underscores the judiciary’s commitment to ensuring transparency and adherence to legal procedures in public appointments.

The IHC’s decision has temporarily halted the culmination of the recruitment process, safeguarding the petitioner’s concerns while allowing the administrative process to proceed under judicial oversight.

Further proceedings in the case will clarify the legitimacy of the recruitment mechanism and its compliance with applicable laws, the petitioner added.

Copyright Business Recorder, 2024