Petroleum shortage: Court reinstates OGRA chairman

IHC bench reverses government’s move to send Saeed Ahmed Khan on forced leave.


Rizwan Shehzad March 17, 2015
Ahmed Saeed. PHOTO: FILE

ISLAMABAD:


The Islamabad High Court (IHC) has reinstated the chairman of the Oil and Gas Regulatory Authority (Ogra), annulling an earlier government move to send him on forced leave.


Justice Noorul Haq Qureshi announced the ruling on Tuesday on a writ petition filed by the Ogra chief, Saeed Ahmed Khan, who had challenged the government’s decision to send him on three months leave following the petroleum crisis in the country.

In January, a severe petrol shortage had hit many cities across Pakistan, forcing public transport off the roads and prompting scuffles at petrol stations. Later, a commission was set up by the prime minister to investigate the 10-day oil crisis. Almost the entire oil supply chain was blamed for the acute fuel shortage.

On February 11, the cabinet division sent Khan on forced leave due to his alleged role in the 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, and therefore, he cannot be sent on forced leave.

Khan’s counsel, Asma Jahangir, and Deputy Attorney General (DAG) Afnan Karim Kundi were present in the court when the verdict, directing the federation to restore the Ogra chief to his position, was announced.

While the petitioner’s counsel requested the court to set aside the government’s orders, Kundi opposed the request, saying Khan being the Ogra chairman could influence the inquiry of the crisis.

Jahangir argued that Khan was appointed as a member to deal with the matter related to natural gas alone. “The answering respondent was not responsible to take day-to-day operational activity of oil department [and] neither did he attend any meeting with any government department or their representative regarding the oil crisis.”

Citing a Supreme Court judgment, she contended that sending a department head on forced leave was in violation of the rules.

After listening to her arguments, the single bench announced the verdict directing the federation to restore Khan on his post. The court also directed the Ogra chairman to be fair in the inquiry against the people involved.

Published in The Express Tribune, March 18th, 2015.

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