ISLAMABAD, May 2: A counsel for the federal government on Thursday admitted before the Islamabad High Court (IHC) that Ali Arshad Hakeem had been appointed as chairman of the Federal Board of Revenue (FBR) without advertising the post.
In reply to a question by Justice Shaukat Aziz Siddiqui during the hearing of a petition filed against the appointment, deputy attorney general Tariq Mehmood Jahangiri said prior to his hiring in the FBR Mr Hakeem was working as chairman National Database and Registration Authority (Nadra).
This was the only exception for which he had been appointed in the FBR without any competitive process, he added.
The IHC on April 8 suspended the notification for the appointment of Mr Hakeem after Ashfaq Ahmed, a grade 19 officer of the FBR, petitioned the court against the hiring.
Mr Hakeem was appointed as the FBR chairman on July 10, 2012. After his suspension, the federal government assigned the charge to senior FBR official Ansar Javed.
Barrister Zafarullah Khan, the petitioner’s counsel, told the court that the post of the FBR chairman was purely civil service/cadre position and could not be filled by a non-cadre person.
He said Mr Hakeem was a former civil servant who had joined the customs group of Civil Service of Pakistan but resigned after a few years.
Had he continued his service, he would have still been in BPS-19 like his other batch mates.
He said hundreds of serving officers in the customs group and the inland revenue service were senior to Mr Hakeem.
However, they have been put under his command in violation of fundamental principles of merit, standing and seniority, he added.
“The appointment of Mr Hakeem is not in accordance with the intent and purport of section 3 of the Federal Bureau of Revenue Act 2007, as he lacks the requisite experience and qualification.”
Ashtar Ausaf, the counsel for Mr Hakeem, on the other hand maintained that there was no hard and fast rule for the appointment of the FBR chairman.
The competent authority can fill the position by any suitable person.
“Since there is no prescribed process for appointment at the senior level in the FBR, there is no violation of rules,” he contended.
Regarding the court’s observation that it was a cadre post and could be filled by the FBR officials, the counsel replied that if this was the criterion then the vacant position of judges in the high courts could only be filled by the sessions judges.
But the judicial commission of Pakistan appoints suitable lawyers directly as the judges of the high courts.
He claimed that the petition was not maintainable as the petitioner was not an aggrieved person.
The counsel requested the court to dismiss the petition and restore Mr Hakeem on the post.
Justice Siddiqui remarked that he had already decided five identical matters declaring the appointments of the managing directors of PTV, Utility Stores Corporation, executive director Pims and senior officials of the International Islamic University as illegal.
“I have no interest in such high-profile appointments but when the competent authority itself admits that rules have been violated the court has no choice other than to set aside the appointments,” he observed.
He asked Mr Hakeem’s counsel to satisfy the court as to why competitive process had not been involved in the appointment of his client, and adjourned the hearing till Friday.