MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Council is allegedly dilly-dallying on the appointment of its Service Tribunal chairman, notwithstanding a categorical direction of the AJK Supreme Court to this effect.

The council is an institution created under the AJK Interim Constitution Act 1974 with Pakistan’s prime minister its chairman.

The council, which has its secretariat in Islamabad, enjoys administrative control of the AJK’s Excise and Taxation and Income Tax Department (Inland Revenue), Accountant General’s Office, Directorate General of Audit and some vocational institutes established by it in the AJK and Pakistan.

According to information obtained by Dawn, the Council Service Tribunal remained non-functional for almost seven years after the retirement of its chairman Syed Nisar Hussain Shah in 2004.

In December 2005, Sharifuddin Sharif, a lower division clerk (LDC) in the Income Tax Department was fired by the then Commissioner Income Tax for embezzling Rs65.402 from a section wherein he had never served.

As the Council Service Tribunal was virtually non-existent, Mr Sharif filed a petition in the AJK High Court in 2006 for constitution of the Tribunal as well as his reinstatement.

Tribunal has been without a head since the retirement of its chairperson, Nargis Aftab Raja, on Dec 20, 2014

The case prolonged for two years and in August 2008, the High Court directed the Council to make its Tribunal functional within 60 days.

The council filed an appeal in the AJK Supreme Court, which was dismissed in 2009.  A review petition filed by the council also met the same fate in 2010.

However, in December 2011, the council made the tribunal functional by appointing Nargis Aftab Raja, a former district and sessions judge in AJK, as its chairperson on a three-year contract, though without consulting the AJK High Court.

Following the completion of her contract on December 20, 2014, the tribunal again became dysfunctional for want of a chairman.

On January 14, the AJK Supreme Court directed the council to appoint chairman of its service tribunal within one month so that the pending cases could be settled without further delay.

“It is constitutional obligation of the council to constitute the tribunal and appoint its chairman. The needful shall be done within one month,” was what the court ordered.

It is interesting to mention that the direction was given by the apex court in a civil appeal filed by the council against the reinstatement of Mr Sharif by its tribunal.

Official correspondence available with Dawn revealed that on February 18 a panel of two district and sessions judges was sent to the Council by the AJK High Court “for assigning any of them the responsibilities of the chairman Council Service Tribunal in addition to their own duties till the permanent appointment against this post.”

On March 5, the high court informed the council that (since) one of the panel members had shown unwillingness to take up the responsibility, the other officer should be considered for that assignment.

However, even three weeks after that letter, the Council has not issued the requisite notification.

When contacted by Dawn on Friday, Council’s secretary in-charge, Shahidullah Baig, claimed that a summary for appointment of chairman had been sent to the Prime Minister (of Pakistan) for appointment of chairman “some 10 days ago.”

Published in Dawn, March 28th, 2015

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