The bench, comprising Justice Athar Minullah and Justice Aamer Farooq, gave the directions in response to the claim of Babar Sattar, counsel for Ogra chairman Saeed Ahmed Khan, saying that the government has already concluded the inquiry and the forced-leave period has lapsed.
Additional Attorney General (AAG) Afnan Karim Kundi said he did not know if the inquiry has been completed and sought time to confirm this. The court granted one week’s time to confirm the status of the inquiry and directed him to inform the court of its findings, if completed.
Before Sattar’s statement on the inquiry and expiry of the leave period, Kundi was arguing that Ogra has become dysfunctional after the court’s earlier orders. To this, Justice Farooq remarked that it was already dysfunctional.
On April 6, the IHC had restrained the cabinet secretary from assuming acting charge as Ogra chairman and directed the AAG to submit a report on pending inquiries against other Ogra members. The court had further directed Federal Public Service Commission (FPSC) to complete the inquiry against the Ogra chief within one month.
Earlier, the high court had dismissed the federation’s appeal challenging the March 17 IHC decision to set aside the government’s decision to send the Ogra chief on forced leave during the petrol crisis.
While allowing the Ogra chairman to retake charge, the two-judge bench had declared that the federation has no authority to suspend the Ogra chairman until the FPSC make its recommendations.
On Tuesday, Sattar said that Khan was sent on forced leave on the pretext that an inquiry was pending against him, adding that the interference factor is now over as the inquiry has concluded.
On February 11, the cabinet division sent Khan on forced leave due to his alleged role in the January fuel crisis. Khan had argued that under the Ogra Ordinance, the chairman can only be removed if found to be physically or mentally incompetent, or guilty of misconduct.
Published in The Express Tribune, May 13th, 2015.
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