Appointment case : PTDC chief challenges court decision

IHC had declared the managing director’s appointment illegal on Dec 23


Rizwan Shehzad December 27, 2015
Islamabad High Court. PHOTO: IHC WEBSITE

ISLAMABAD: Pakistan Tourism Development Corporation (PTDC) managing director has filed an intra-court appeal against the Islamabad High Court (IHC)’s decision declaring his appointment illegal.

The high court, on December 23, had declared appointment of PTDC MD illegal with directions to the corporation’s board of directors to appoint a new head of the body.

“He [Kabir Ahmed Khan] is no more managing director of the PTDC,” Justice Noorul Haq Qureshi said in his order. The Board of Directors (BoD) shall follow Article 112 of the Memorandum of Association in appointment of MD as prescribed by the law, he added.

Petitioner Tanweer Akhtar had challenged appointment of Khan as head of the tourism body on contract in 2014 for a period of two years. He maintained that Khan’s appointment was illegal, against rules and without completion of formalities.

Chaudhry Kabir Ahmad Khan through his counsel Abdur Rehman Siddiqui has challenged the decision.

The counsel said that under Article 199 of the Constitution, read with section 56 of Specific Relief Act, no injunction could be granted in the cases where interference is sought in the functions of public duties of any department. “Interference by the learned Single Judge into the matter was an exception and not a matter of course,” Siddiqui stated.

In the petition, he said that Akhtar had not come with clean hands, his contention was tainted with malice and mala fide and he could not have been allowed to resort to discretionary relief under Article 199 of the Constitution.

The discretionary power has not been exercised justly, fairly and in accordance with the dictum laid down by the apex court time and again in numerous judgments, he said. The impugned order “suffers from serious legal infirmities,” not sustainable and liable to be set aside, he added.

The petitioner has requested the court to set aside the impugned judgment.

The BoD in its 81st meeting held on May 4, 2015, noted that “the regularisation wing of the Finance Division has already issued the notification on terms and conditions for MP-II scale, which may be followed by the PTDC and Cabinet Division. No further notification in this respect is required,” the verdict read.

In the judgment, Justice Qureshi noted that bare reading of the decision did not indicate induction of Khan by the federal government. It merely follows a notification setting terms and conditions for MP-II and does not include any other detail by the board for subsequent appointment of the MD, he added.

Visibly, Justice Qureshi had stated, it is seen that law has been violated while appointing Khan as PDTC MD.

Published in The Express Tribune, December 28th, 2015.

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