Appointments, terminations: AG asked for details on powers of caretakers

Caretaker government have the power to appoint new law officers, says AG.

LAHORE:

Admitting a petition for hearing, the LHC chief justice on Tuesday sought a reply from the Punjab advocate general (AGP) on the termination of law officers by the caretaker provincial government.

The petition was filed by Maqsoodul Hassan against his own termination as an assistant AG as well as of other law officers.

At a previous hearing, petitioner’s counsel Azhar Siddique had argued that the caretaker government had acted beyond its mandate in removing the officers and appointing new law officers.

He said the discretion exercised by the law secretary was vague, and in violation of Section 24 of the General Clauses Act and the judgments of superior courts.

He said the government had deliberately ignored its duty to comply with an SC judgment in Tauqir Sadiq’s case with respect to appointments in autonomous regulatory bodies.

The counsel said the process also violated the Election Commission ban on appointments and transfers.

AG Shahid Karim told the court that his predecessor (Ashtar Ausaf) had recommended the appointment of new law officers. He said the caretaker government had the power to make such appointments. Siddique argued that during the interim setup, the power to recruit, transfer and post officials rested with the ECP. He also contested Karim’s argument that the new appointments were recommended by the former AGP.

The CJ adjourned further hearing till May 14 and summoned the AGP with a detailed reply on the role of caretaker government in making appointments.

Published in The Express Tribune, May 10^th, 2013.