ISLAMABAD: The Islamabad High Court (IHC) on Friday restored Military Accountant General (MAG) Farhad Khan by staying the notification of his suspension.

Controller General of Accounts (CGA) Farrah Ayub Tarin on September 30 suspended MAG for three months.

Advocate Saeed Khursheed Ahmed, Mr Khan’s counsel, adopted before Justice Noorul Haq N. Qureshi that the CGA retired on August 14 this year and later illegally got Ms Tarin’s service extended and then ‘unlawfully and without authority’ suspended his client (Farhad Khan) for three months.

The court directed the secretaries of the Establishment Division, defence and finance, CGA and the auditor general of Pakistan (AGP) to file their replies by October 23.

The counsel argued that Mr Khan had been serving as MAG since October 1, 2013.

His suspension was contrary to the law and also a blatant violation of the petitioner’s fundamental rights, advocate Ahmed added.

He maintained that being a cadre administrator, the AGP immediately after the impugned notification declared it illegal and an interference into his administrative powers. 

He argued that the petitioner’s office was an attached department of the defence ministry whereas the CGA was under the administrative control of the AGP and was an attached department of the finance ministry.

The secretary defence neither moved the summary for suspension of the petitioner nor he was required to issue the impugned notification.

He added that the cadre administrator of petitioner’s service (Pakistan Audit and Accounts Service) was also not consulted in this regard.

After preliminary hearing, Justice Qureshi sought replies from the departments concerned and adjourned the matter till a date to be fixed by the registrar office.

Published in Dawn, October 4th , 2014