LHC issues notices to PM, others in ATIR appointments case

Petitioner contends these appointments violate Article 240 of Constitution of Pakistan

ISLAMABAD:

The Lahore High Court (LHC) has issued notices to prime minister, Establishment Division secretary, secretary law, FPSC chairman, attorney general for Pakistan (AGP), and ATIR over appointments of 10 judicial officers of BS-21 to Appellate Tribunal Inland Revenue (ATIR).

Sources told The Express Tribune that Prime Minister Imran Khan, through a notification on June 2, 2021, made these appointments. These appointments were challenged by Advocate Waheed Shahzad Butt, who requested the high court to declare these as illegal, mala fide, unlawful, ultra vires and unconstitutional.

The court noted that the petitioner had found the amendment in rules to be in violation of Article 240, read with Article 242, of the Constitution of Pakistan and Federal Public Service Commission Ordinance, 1977, which envisages appointment in public service on BS-16 and above through the commission.

The petitioner requested the high court to cancel the June 2 notification, because all such appointments had been made in flagrant violations of the rules and regulations applicable here.

He contended that under Section 130 of the Income Tax Ordinance, the power conferred on the prime minister to appoint judicial members of BS-21 in the ATIR instead of the federal government is illegal.

The contractual appointment of BS-21 judicial officers could not be made without public announcement, he added.

The petition stated that the notification “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 the Supreme Court in 1998”.

Has said that through illegal legislation, this power had been given to the prime minister instead of the federal government as per the decision of M/s Mustafa Impex Karachi and others vs Government of Pakistan through secretary finance and others (PLD 2016 SC 808).