ISLAMABAD: The Islamabad High Court (IHC) on Friday questioned the legality of the petition filed by the auditor general of Pakistan (AGP) against the extension to the service of the controller general of accounts (CGA).

The court asked the attorney general to brief the court in this matter.

Akhtar Buland Rana, the AGP, in his petition filed on Thursday maintained that CGA Farah Ayub Tarin was going to retire on August 14 but she was given an extension on August 13.

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Last month, the AGP had also filed a petition in the IHC alleging that the federal government had planned to replace him with Ms Tarin.

The petition contended that the AGP can only be removed under the procedure prescribed in Article 209 of the Constitution where the Supreme Judicial Council (SJC) was the only forum to decide the fate of the auditor general.

AGP Akhtar Buland Rana says extension for controller general accounts is illegal

The petition alleged that the PML-N government was trying to dodge the constitutional provision for the removal of the AGP.

Admitting the petition for regular hearing, Justice Noorul Haq N. Qureshi restrained the government from interfering in the affairs of the AGP office.

During the initial hearing of the latest petition on Friday, Justice Athar Minallah asked the counsel of the AGP to satisfy the court about the legal standing of his client challenging the extension in the service of the CGA.

Advocate Saeed Khurshid Ahmed, the counsel for the AGP, told the court that the extension was illegal as the CGAA stood retired after reaching the age of superannuation on August 14.

He said after August 14 the CGA cannot draw salary and was not entitled to any benefit. He said drawing salary and utilising official resources by a retired person would be the misuse of taxpayers’ money.

He said that the AGP by virtue of his post was the ‘watchdog’ of the public exchequer and duty bound to point the misuse of public money.

“Since there was no alternative remedy with the AGP, he preferred to file a petition with the IHC,” he said.

Justice Minallah, however, observed that he could only proceed in the matter after hearing the stance of the attorney general and adjourned further hearing till the next week.

In the petition, the AGP contended that there was no provision of law for the extension of service of a retired civil servant.

However, the re-employment, as provided in the civil law, was disapproved of by the Supreme Court.

The petition requested the court to restrain Ms Tarin from working as the CGA and also direct her to explain under what authority she claimed to hold the office.

Published in Dawn, August 23rd , 2014