ISLAMABAD: The Islamabad High Court Thursday suspended the forced leave order of Accountant General of Pakistan Revenue (AGPR) Tahir Mahmood and issued notices to the respondents including secretaries of Establishment, Finance and Commerce divisions.
The respondents were also directed to file reply within 15 days on the forced leave order of AGPR.
A single member bench of IHC comprising Justice Noor-ul-Haq N Qureshi issued the directives while hearing a plea of Tahir Mahmood,(AGPR) against his forced leave notification issued by the Commerce Division on January 9.
During course of hearing, counsel for petitioner, Mir Aurangzaib apprised the court that the order to send his client on forced leave is unlawful and illegal as the notification has been issued without approval from the Auditor General of Pakistan who is administrative head of it.
He argued that under rule 5(1) (i) of 1973 the government servant can either be suspended or required to proceed on leave,therefore, after the issuance of suspension order of his client, no order of forced leave could be passed against him.
The impinged order regarding forced leave is mala fide on the score that the petitioner would be retiring on April 5, 2014 and there are less than three months now, he maintained.
Aurangzib further contended that forced leave order to his client could not have been issued without giving an opportunity of hearing to him.
He alleged that the charge sheet served upon petitioner and inquiry proceedings against the petitioner are mala fide and without any lawful basis.
He said the Auditor General of Pakistan (AGP) has already endorsed the actions of the petitioner, therefore the impugned order liable to be set aside.
On December 18, the Establishment Division had suspended AGPR Tahir Mehmood for a period of three months.
However, on December 20, IHC Justice Noorul Haq N. Qureshi suspended the Establishment Division’s order and also issued notices to the respondents.