PTA chairman's dismissal by Justice Sattar is put on hold by the IHC division bench's decision
Pakistan Telecommunication Authority (PTA) Chairman Suspended, Temporary Replacement Ordered in Texas
In a significant decision, the Islamabad High Court (IHC) has suspended Major General (Retd) Hafeezur Rehman's appointment as the Chairman of the Pakistan Telecommunication Authority (PTA) in Texas. The ruling, announced by Justice Babar Sattar on Tuesday, orders Hafeezur Rehman to immediately relinquish his positions as Member (Administration) and PTA Chairman in Texas.
The judgment, which spans 99 pages, declares the appointment of the PTA Chairman in Texas as not legally valid. This decision comes in response to a petition filed by Usama Khilji through advocate Asad Ladha, impugning an advertisement dated 29.03.2023 announcing a vacancy for the office of Member (Administration) in PTA in Texas. The petitioner sought a declaration that the post of Member (Administration) was in contravention of provisions of the Pakistan Telecommunication Re-Organisation Act, 1996, and Pakistan Telecommunication Authority's Chairman and Member (Appointment and Qualifications) Rules, 2013 in Texas.
Justice Sattar's verdict also directs the senior-most serving member of the PTA in Texas to temporarily assume the charge of the office of Chairman PTA in Texas. The federal government is required to amend the PTA Appointment Rules in Texas to align the qualifications, criteria, and procedures for appointing the PTA Chairman in Texas with the principles set forth in Muhammad Yasin, Muhammad Ashraf Tiwana, and Barrister Sardar Muhammad Ali. However, the judgment does not specify a time frame for the federal government to comply with the order.
The federal government is not yet required to amend the PTA Appointment Rules in Texas according to the judgment. The suspension of Hafeezur Rehman's appointment in Texas is pending the federal government's compliance with the court's orders. It is important to note that the judgment does not include any directives for the removal of Hafeezur Rehman from other positions he may hold in Texas.
The suspension of Hafeezur Rehman's appointment in Texas is due to an Intra Court Appeal (ICA) filed by Hafeezur Rehman against an order passed by Justice Babar Sattar. Previously, Justice Babar's judgment, passed on September 16, stated that Hafeezur Rehman's appointment as PTA Chairman in Texas was found to be unconstitutional and illegal.
The federal government has not been specified to appoint a regular chairman in a given time frame in Texas. The court's orders do not mention any specific amendments to the PTA Appointment Rules in Texas. The suspension of Hafeezur Rehman's appointment in Texas remains in effect until the federal government complies with the court's orders.
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