Detailed judgements: IHC bans plot allotments to CDA deputationists

Invalidates some clauses of Islamabad Land Disposal Regulation.

ISLAMABAD:

The capital’s high court on Wednesday annulled the clauses inserted in Islamabad Land Disposal Regulation (ILDR) of the Capital Development Authority (CDA) to favour deputationists who had joined the civic agency in the hopes of getting a plot.  The bench directed the CDA chairman to make a fresh seniority list of officers who were entitled to get plots through a 20 per cent quota.

Islamabad High Court’s (IHC) Justice Shaukat Aziz Siddiqui announced the detailed judgment in which he declared that clauses 2F, 4 and 5 of ILDR were unconstitutional. The court passed the order on identical petitions filed by serving and retired CDA officers who had challenged the allotment of plots to deputationists in the federal capital last year. On April 10, Justice Siddiqui had banned the allotment of plots to deputationists.



Justice Siddiqui, while disposing of the petitions, observed that the clauses inserted in ILDR, 2005 which considered deputationists as employees of CDA were against the Constitution because they violated the fundamental rights of CDA’s regular employees. In 2005, former CDA chairman Kamran Lashari had amended the ILDR to favour deputationists, most of whom were political appointees.

Justice Siddiqui while referring the finding of CDA’s commission observed that the balloting process and allotment of plots was clandestine. “The record revealed that deputationists were allotted plots, which is unconstitutional.” CDA officers had also challenged the balloting process for the allotment of 109 plots.

FBR chairman’s appointment cancelled

In a separate case, the IHC cancelled the appointment of the Federal Board of Revenue (FBR) chairman for not being qualified for the post, according to a detailed judgement.

The government had appointed Ali Arshad Hakeem as the FBR chief in July 2012. In April, the IHC had restrained him from continuing as chairman FBR after his appointment was challenged by Ashfaq Ahmed, a member of the Inland Revenue Service. Justice Siddiqui observed that he was appointed without competitive process. “The post of FBR chairman is not only important but also highly sensitive and the government should have advertised it so a competent person could be appointed,’’ observed the court. He directed the establishment division to appoint a new chairman before June 30.

The petitioner’s counsel, Zafarullah Khan, had earlier maintained that the establishment division had not followed due procedure in Hakeem’s appointment. He had said there were six grade 22 officers in the Inland Revenue and Customs group who were senior to Hakeem eligible for the appointment. Khan had contended that according to the FBR Act, 2007, the government was bound to appoint a person with relevant experience through a transparent process. The counsel for Hakeem, Ashtar Ausaf, had questioned the IHC’s jurisdiction, arguing that the Federal Services Tribunal was the appropriate forum.

Published in The Express Tribune, June 6^th, 2013.