Controversy: OGRA member’s hiring can’t be challenged, says law ministry
Opinion comes after opposition to temporary appointment.
ISLAMABAD:
The Ministry of Law and Justice has forcefully rejected the objection raised by member gas of the Oil and Gas Regulatory Authority (Ogra) to the appointment of member oil on a temporary basis to deal with regulatory affairs of the industry.
“The prime minister is the competent authority to appoint member oil and member gas could not challenge the premier’s authority,” an official quoted the ministry as saying in its legal advice.
The ministry came up with its views after the Cabinet Division approached the Law Division for legal opinion.
Earlier, Member Gas Aamir Naseem refused to attend meetings of Ogra after the federal government gave additional charge of member oil to Cabinet Division Additional Secretary Arif Ahmad Khan. He would try to swiftly clear files and deal with issues that have been piling up in the absence of the member oil.
The Cabinet Division has already advertised the post of member oil after retirement of former member Sabir Hussain and is currently processing applications for hiring a permanent member.
According to officials, Ogra was slated to meet on Tuesday but was forced to postpone the huddle after member gas refused to take part, terming the appointment of member oil illegal.
A senior official of the Cabinet Division also said the federal government was a competent authority to nominate any member of Ogra.
“Member gas may face a case of misconduct for writing a letter in which he has challenged the government’s order to give additional charge to the additional secretary for dealing with the affairs of Ogra in the absence of member oil,” the official said.
Separately, the appointment of member gas has also been challenged in the Islamabad High Court with the allegation that he has been hired in violation of rules and judgment of the Supreme Court.
In a petition, the petitioner, Masood Javed, accused Member Gas Aamir Naseem of being involved in criminal negligence and maladministration as general manager of Sui Northern Gas Pipelines Limited (SNGPL) and said his appointment was in stark conflict of interest to Section 5(4) of the Ogra Ordinance 2002.
According to him, the member gas was serving as senior general manager of SNGPL, a licensee of the regulator when he joined Ogra.
Ogra’s official spokesman told The Express Tribune that the appointment of chairman and members of the regulator came within the purview of the federal government. Therefore, efforts to allege there was any linkage between certain appointments and the functions of Ogra were unethical and uncalled for, he added.
Published in The Express Tribune, October 4th, 2014.
The Ministry of Law and Justice has forcefully rejected the objection raised by member gas of the Oil and Gas Regulatory Authority (Ogra) to the appointment of member oil on a temporary basis to deal with regulatory affairs of the industry.
“The prime minister is the competent authority to appoint member oil and member gas could not challenge the premier’s authority,” an official quoted the ministry as saying in its legal advice.
The ministry came up with its views after the Cabinet Division approached the Law Division for legal opinion.
Earlier, Member Gas Aamir Naseem refused to attend meetings of Ogra after the federal government gave additional charge of member oil to Cabinet Division Additional Secretary Arif Ahmad Khan. He would try to swiftly clear files and deal with issues that have been piling up in the absence of the member oil.
The Cabinet Division has already advertised the post of member oil after retirement of former member Sabir Hussain and is currently processing applications for hiring a permanent member.
According to officials, Ogra was slated to meet on Tuesday but was forced to postpone the huddle after member gas refused to take part, terming the appointment of member oil illegal.
A senior official of the Cabinet Division also said the federal government was a competent authority to nominate any member of Ogra.
“Member gas may face a case of misconduct for writing a letter in which he has challenged the government’s order to give additional charge to the additional secretary for dealing with the affairs of Ogra in the absence of member oil,” the official said.
Separately, the appointment of member gas has also been challenged in the Islamabad High Court with the allegation that he has been hired in violation of rules and judgment of the Supreme Court.
In a petition, the petitioner, Masood Javed, accused Member Gas Aamir Naseem of being involved in criminal negligence and maladministration as general manager of Sui Northern Gas Pipelines Limited (SNGPL) and said his appointment was in stark conflict of interest to Section 5(4) of the Ogra Ordinance 2002.
According to him, the member gas was serving as senior general manager of SNGPL, a licensee of the regulator when he joined Ogra.
Ogra’s official spokesman told The Express Tribune that the appointment of chairman and members of the regulator came within the purview of the federal government. Therefore, efforts to allege there was any linkage between certain appointments and the functions of Ogra were unethical and uncalled for, he added.
Published in The Express Tribune, October 4th, 2014.