ISLAMABAD: The constitutional position of the keeper of accounts of the federation and its federating units will fall vacant again on April 28 when acting auditor general of Pakistan (AGP) Haq Nawaz retires.

He was appointed by the president as acting AGP on April 11 when the Senate and the Public Accounts Committee (PAC) of the National Assembly pointed out a constitutional vacuum because of the AGP vacancy.

It was stated at the time that Mr Nawaz’s notification as AGP was in line with Clause 6 of Article 168(6) of the constitution that requires the senior-most officer in the AGP office to take charge if the top official is absent or unable to perform duties.

Interestingly, the president approved a summary moved by the Ministry of Finance for the appointment of Mr Nawaz as acting AGP instead of regular AGP.

Sources said an ambiguous notification was issued that said Mr Nawaz would work as acting AGP till the appointment of a regular AGP. A former official of the law ministry pointed out a lacuna: under the laws of Pakistan and Eastacode, an officer reaching the age of superannuation (60 years) ceased to be in the government job and hence could not continue as ‘acting AGP’.

He said the government would have to appoint a regular AGP on April 28 as Mr Nawaz knew he could not come to the office as acting AGP on April 29 after the retirement, notwithstanding an erroneous order.

The PAC chairman has abstained from holding formal meetings of the PAC since April 11 as he believed that business of the PAC without a permanent AGP was against the spirit of the constitution.

Article 168 says, “There shall be an Auditor General of Pakistan, who shall be appointed by the President. Before entering upon the office, the AGP shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule”.

“There is no other reason for the acting appointment unless you are waiting for somebody to become available,” said the officer, explaining that an AGP of confidence was important to help the current government sail through audit reports over the next four years.

Informed sources said a fresh notification would need to be issued on the retirement of Mr Nawaz to appoint another acting AGP, most probably Imran Iqbal, another grade-22 officer of the audit and accounts group, till June 19 when incumbent secretary finance Tariq Bajwa would retire from the service and be sworn in as a regular AGP.

Before Mr Nawaz’s notification, two separate summaries were moved but were dumped. The first summary moved by the AGP office carried four names: Parveen Agha, Haq Nawaz, Imran Iqbal and Javed Jehangir. The summary was shelved as the name of senior officer Shagufta Khanum was missing without any reason and the Prime Minister’s Office expressed displeasure.

The second summary included names of Shagufta Khanum and Mr Asif. But it was dumped again when it was pointed out that the choice candidate had a charge-sheet to his record on allegations of corruption as member finance of Capital Development Authority.

The record showed the then AGP ignored the Establishment Division’s advice to proceed with investigations to facilitate his promotion to grade-22 before retirement.

Separately, Minister for Railways Saad Rafique is reported to have proposed the name of railways secretary Perveen Agha. The sources said former finance secretary Dr Waqar Masood Khan and his successor Tariq Bajwa were in the run for the positions of AGP and federal ombudsman.

Mr Bajwa is reported to have shown his interest in another prize post of executive director of the World Bank that involves a package worth Rs3 million a month. But the slot went to a close aide of the Punjab chief minister.

Published in Dawn, April 26th, 2017

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