ISLAMABAD: The Islamabad High Court (IHC) on Friday admitted for hearing a petition filed against the dual appointment of Chief Commissioner Islamabad retired Capt Mohammad Usman as the chairman of Capital Development Authority (CDA).

The petitioner, Riaz Hanif Rahi, who is an advocate by profession, filed the petition claiming it to be a public interest litigation (PIL).

Justice Miangul Hassan Aurangzeb took up the petition and after preliminary hearing issued notices to the respondent authorities, including secretaries interior, cabinet and establishment division, and sought their reply in a fortnight.

The court also fixed for hearing another petition filed against the appointment of officers on key positions in the civic agency through deputation.

Mr Rahi contended that through a judgment passed against ex-mayor Islamabad Sheikh Ansar Aziz for holding the office of the CDA chairman the court had already discouraged dual appointments.

The petition said the federal government in violation of the said judgment issued a notification on August 22, 2022, appointing the chief commission (Mr Usman) as the CDA chairman.

It said Mr Usman a BS-20 officer of Pakistan Administrative Service (PAS) was transferred from Punjab on August 16 and appointed as the chief commissioner and just a few days later was also given the lucrative post of the CDA chairman

The petition pointed out that duty hours in both the offices are the same and if Mr Usman would leave the commissioner office for duty in CDA, his absence from the chief commissioner office would warrant disciplinary action under the relevant law. Moreover, the part-time duty concept is not known in law. The duty of the chief commissioner in the CDA would be termed part-time.

It said governance with dual charge was not recognised by any law but otherwise amounted to crime as public offices are trust and part-time duty is its breach and misconduct.

According to the petition, the notification has been issued under section 6 (2) of CDA ordinance 1960 which carries different meanings and the chief commissioner as ex-officio member has not been recognised to be appointed as the chairman of the board.

It may be mentioned that IHC in the case of Sheikh Ansar Aziz had ruled that dual appointments were made in violation of the provisions of the CDA Ordinance and had directed the federal government to initiate the process to select an eligible person to be made a member of the CDA board for a fixed term as specified under section 6(3) of the ordinance, and to complete the selection process and appointment a chairman for a fixed five-year period from amongst the members.

The petition requested the court to set aside the dual charge of the chief commissioner.

Published in Dawn, August 27th, 2022