Islamabad:
The Superior Court of Islamabad (IHC) has dismissed the president of the country’s Internet and Telecommunications Regulator, the Telecommunications Authority of Pakistan, in view of its illegal hiring.
The Court also ordered one of the members of the PTA to take over the organization as an interim president and instructed the federal government to appoint a new president through a trans-peer process in line with the appointment rules of the PTA and the Telecommunications Law.
The bank has also instructed its office to send a copy of the sentence to the secretary of the Cabinet and the members of the PTA for its implementation. Meanwhile, the servant labeled, Major General (RETD) Hafeezur Rehman, has presented an intra-cat appeal against the verdict.
A bank with a single IHC member that includes the Babar Sattar justice on Tuesday announced its order at the end of the procedures initiated on a complaint filed by Usama Khilji.
Khilji in 2023 challenged an advertisement, announcing a vacancy for the PTA member office (advertising administration) and inviting candidate applications.
The petitioner argued that the member position (administration) contravened the provisions of the Telecommunications Reorganization Law of Pakistan, 1996 – Telecommunications Law – and the rules of the President of the PTA and Member (appointment and qualifications), 2013 – PTA appointment rule.
He had asked the Court to restrict the Federal Government to occupy the position of member (administration) based on the announcement.
By admitting the hearing request, the IHC on May 24, 2023 allowed the Government to proceed with the process of requesting and processing requests in accordance with the announcement.
However, it made it clear that any appointment made in accordance with this process would be subject to the result of the petition “and the determination of whether there is a rational basis so that the Fed-Geral government prescribes disparate eligibility criteria for the PTA positions.”
Later, the authority appointed Major General (RETD) Hafeezur rehman first as a member of the PTA (advertising administration) and later as president of the authority.
The order of 99 pages declared that the announcement was section 3 of ultra viors of the Telecommunications Law and the appointment rules of the PTA at the time the announcement and recruitment in favor of the CESS was published in favor of the CESS lacked integrity and suffered malfide in the law.
He declared that the steps taken by the Government to complete the position of member (administration) in accordance with the announcement were not sustainable in the eyes of the law and have no legal effect.
“The entire building of the processes and decisions built on an illegal basis must be crumbled on said illegal basis. Such as the contested announcement and the recruitment process carried out therefore suffered malice of malice in the law, all the subsequent decisions in the persecution of said process, including the appointment of the defendant No. 4 as a member (administration) and the president PTA, are illegal, ultra vir-are the law and of not having the legal effect, the legal effect, the legal effect. Order, order.
He said that the creation of the member post (Administration) was section 3 of ultra vires of the Telecommunications Law and had been created for strange reasons instead of carrying out the objects of the Telecommunications Law.
“While the federal government can create this publication after taking into account the relevant considerations to carry out the objects of the Telecommunications Law, said action can only be carried out while introducing appropriate amendments in section 3 (8) and (9) of the Telecommunications Law, as also indicated in the summary for the creation of said publication presented before the Prime Minister and the Federal Cabinet.
“As stated that the creation of the position and prescription of grades of said position to accommodate No. 4 (president of PTA) has declared that they suffer from malfre in the law, said position do not exist and the amendments introduced in the rules of appointment of the PTA for this purpose agreed as ultra viors articles 4, 10-A, 18 and 25 of the Constitution and section 3 and 57 of the ends of Talta Act.
“As it has been found that the entire process of appointing the defendant No. 4 as a member (administration) and as President PTA suffers from malice in the law that is the product of an unconstitutional recruitment process and Ile-ile, it will stop making such appointments and will immediately renounce the charges of such offices,” the order said.
