After writ petition filed in supreme court against appointment of Chairman PTA, Mr. Farooq Ahmad Awan, the Islamabad High court gave another shock to Chairman as well as Government of Pakistan with the restoration of previously sacked member (Finance) of the Authority, Mr. Syed Nasrul Karim Ghazanvi. He is very much back in his office with new and greater zeal.
ISLAMABAD (SPECIAL REPORT)
Mr. Justice Noor Ul Haq N. Quershi of Islamabad High Court give his clear verdict that Cabinet division has no authority to place any member of PTA under suspension as such proceeding initiated are assumption of power wrongly exercised by the Cabinet Division.
This order issued on the petition of Mr. Syed Nasrul Karim Ghazanvi against suspension order by Government of Pakistan. The learned court said in its order that the counsel of the petitioner while referring Section 3 of the Pakistan Telecommunication (reorganization) act 1996 has drawn my attention in the utter violation of the same, as cabinet division has issued Notification dated 8.10.12 by which, the petitioner has been suspended. He also referred a notification dated 06.8.2012 whereby petitioner was reinstated as a member (finance), PTA till further orders. Learned counsel for the petitioner has emphasized that Cabinet Division has no authority under article 154 of the constitution, as the power to deal is such type of matter related to the services of PTA. IN this regard, he has referred a case law reported in 1997 SCMR 641 and stressed upon that cabinet division, since by virtue of the constitution, has no authority to place the petitioner under suspension, as such, proceeding initiated are assumptions of power wrongly exercised by the cabinet division.
The court has suspended the impugned notification dated 8.10.2012 till further notice and Mr Nasarul Karim Ghazanvi as member of finance.