IHC moved against Dr Jabbar’s deputation in Pemra by his DG
Asim Javed
ISLAMABAD: Challenging Dr Abdul Jabbar’s illegal deputation, confirmation and appointment as acting chairman of Pemra in the Islamabad High Court (IHC), Ashfak Jumani, senior-most Director General of Pemra, has prayed that he (Dr Jabbar) may be restrained from performing duties with immediate effect.
The writ petition of Ashfak Jumani, filed through Agha Tariq Mahmood Khan and Waqas Malik Advocates, will come up for hearing by Justice Mohammad Anwar Khan Kasi of the IHC on Friday (today).
The petitioner, while making the Ministry of Information and Broadcasting, Pakistan Electronic Media Regulatory Authority (Pemra), and Dr Abdul Jabbar as respondents, has taken the plea that Dr Jabbar is basically an employee of Pakistan Telecommunication Authority (PTA). Contrary to Establishment Division’s letter dated November 20, 1986, Dr Jabbar was appointed in Pemra on deputation on April 21, 2005 as acting DG Technical (BS-19) for a period of three years, although this was not a sanctioned or regular post, but was specifically created to favour him and to promote him. On January 24, 2008, he was repatriated to his parent department after the expiry of his deputation period of three years.
However, the very next day, on January 25, 2008, his department was requested to send him on deputation to Pemra once again. Consequently Dr Abdul Jabbar was again sent on deputation to Pemra on February 1, 2008, which is in violation of Establishment Division Office Memorandum (OM) No 1/28/75-DI/R.3/R.1, dated April 11, 2000. According to this OM, no employee can be sent on deputation to the same department without seeking prior permission of the Establishment Division, and further that he must complete three years of service in his parent department before being considered for deputation to the same department for another term.
According to the petition, on February 4, 2008, Dr Jabbar applied for his absorption in Pemra. Pemra processed the application in haste and instead of constituting a Departmental Promotion Committee (DPC) or a Selection Board as required under rules, it formed a committee comprising of unconfirmed junior employees who were directly working under Dr Jabbar at that time. The committee, without examining the point whether or not any officer suitable for appointment to the post was available in Pemra, illegally recommended absorption of Dr Jabbar. On the basis of this recommendation, the then Pemra chairman issued an illegal notification the very next day (on February 7, 2008) absorbing Dr Abdul Jabbar on permanent basis.
The petitioner has submitted that a notification which does not safeguard the rights of its own employees, is in violation of Pemra Service Rules Part XX, Rule 182. It has been further stated that when Pemra Chairman Mushtaq Malik proceeded on 86 days leave on February 4, 2011, the acting charge of Pemra chairman was illegally given to Dr Abdul Jabbar. It has been further stated that after the alleged acceptance of the resignation of Chairman Mushtaq Malik, Dr Jabbar is trying hard to get himself appointed as Pemra chairman. This is negation of the petitioner’s fundamental rights which have been guaranteed in the 1973 Constitution of Pakistan.
According to the petition absorption of Dr Abdul Jabbar is in violation of Section 13 of the Pemra Ordinance 2002 as no DPC or selection board was constituted to examine whether he is eligible for the post or not. On the contrary the committee constituted to consider the absorption of Dr Jabbar is against the procedure as laid down in Pemra Service Regulation No 53, Part-III, para 53/n (a&i). Ipso facto the step of making Dr Abdul Jabbar Executive Member and also of giving him acting charge of Pemra chairman too are illegal.
The petitioner held that Dr Abdul Jabbar cannot be appointed as Pemra chairman by meting out discriminatory treatment to the petitioner and depriving him of his rights.
Ashfak Jumani has prayed to the IHC that appointment of Dr Abdul Jabbar in Pemra on deputation on the basis of which he was absorbed, made Executive Member, and given acting charge of Pemra chairman be declared illegal and void. He further prayed that till the decision of the petition, Dr Jabbar may be restrained from working as Pemra chairman.
The petitioner has also prayed that the Ministry of Information and Broadcasting be directed to consider his (Ashfak Jumani) name being the senior most regular employee of Pemra for appointment as chairman of the Authority, instead of the name of Dr Jabbar for the same post.
Source: The News
Date:5/20/2011
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