Fuel crisis: OGRA chairman challenges ‘forced leave’

IHC seeks replies from cabinet, establishment secretaries, FPSC.

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday sought replies from top government officials after the Oil and Gas Regulatory Authority (OGRA) chairman challenged the government’s decision to send him on force leave during the fuel crisis last month.

Justice Noorul N Qureshi issued notice to the cabinet and establishment secretaries, and the federal public service commission (FPSC), seeking their replies within one week. The notices were issued in response to a petition, filed by OGRA Chairman Saeed Ahmed Khan, challenging the government’s decision to send him on forced leave for three months.

On February 11, the cabinet division had sent Khan on forced leave due to his alleged role in the January 2015 fuel crisis. Khan has argued that under the OGRA Ordinance, the chairman can only be removed if found to be physically or mentally incompetent, or is guilty of misconduct, therefore, he could not be sent on forced leave.

The petitioner’s counsel requested the court to set aside the federal government’s orders to send him on forced leave and that till a verdict on the case, the forced leave orders may be suspended.

He argued that under the OGRA Ordinance, the prime minister, through the cabinet secretary, can forward a reference to the FPSC on allegations of misconduct and send the officer on leave till completion of the FPSC inquiry.

Former DHA head’s warrants issued

In another case, Justice Shaukat Aziz Siddiqui issued bailable arrest warrants for Brigadier (retd) Saadullah Fatemi, former administrator of the Defence Housing Authority (DHA) Islamabad due to his continuous absence in a contempt of court matter.

The orders were issued in response to a contempt application filed a private builder, Multi Nation Venture Development (Private) Limited (MNVDL), which states that DHA is yet to pay an arbitrator appointed by the court to settle a dispute between DHA and MNVDL.

Justice Siddiqui also issued notices to DHA secretary Lt Col (retd) Ijaz Haroon, asking both former officials to submit their reply till February 18. Advocate Ilyas Siddiqui, representing the former DHA chief, argued that his client did not appear as he has challenged the previous contempt order before a division bench.

The matter pertains to a project between DHA and MNVDL which could not materialse. Later, MNVDL demanded DHA to pay the cost of feasibility studies and other related work.

Last year, at the petition of MNVDL, the same bench had appointed Justice (retd) Munir A Sheikh as an arbitrator to settle the dispute with directions that he be paid pay Rs2 million shared equally by both parties. In a contempt petition, the builder had contended that they had paid their arbitration dues but DHA has not. The court had then directed Fatemi to appear, which he failed to do.

Published in The Express Tribune, February 18^th, 2015.