ISLAMABAD: The Cabinet Division has declared the orders so far taken by senior officials of Pakistan Telecommunication Authority (PTA) as illegal after the expiry of tenure PTA former chairman, it was learnt reliably.
A copy of the Cabinet Division’s letter with Pakistan Today discloses the Division’s advice for PTA to withdraw the orders issued by the Authority particularly after the expiry of the tenure of office of former chairman.
“It is advised to withdraw and review orders issued without lawful authority after the expiry of the tenure of office of former Chairman PTA,” said Cabinet Division’s letter dated January 3, 2017.
Earlier, Cabinet Division sought legal advice from the Law and Justice Division regarding appointment, posting, transfers, and administered decisions made since November 11, 2017, by the PTA. The government has already advertised for the vacant slots of PTA chairman and member. So far, no appointments have been made to complete the quorum of the Authority as both responsible posts are still lying vacant.
Well-placed sources informed Pakistan Today that senior officials of the PTA in gross violation of rules and procedure are exercising powers which are not entrusted to them. They said though the authority (PTA) lacks quorum and has become dysfunctional, however, senior officials are using powers to run the affairs of PTA. Besides many, appointments of blue-eyed on lucrative slots have been made. These appointments were made at a time when PTA only has one member out of the three. Since Prime Minister Shahid Khaqan Abbasi has rejected a further extension of former chairman Dr Ismail Shah and member finance Tariq Sultan, PTA currently only has one active member, Member Enforcement Abdul Samad, sources added.
It is relevant to mention that PTA has already advertised for the appointment of 21 officers including director general, director, deputy director, assistant director at different departments. These posts were mainly for Sindh province as the province quota has not been considered so far.
The sources further told that contingency staff and daily wagers are being hired in PTA allegedly without following any procedure. They said member enforcement has dissolved recruitment committee constituted by the former chairman and has started heading different committees by himself. Also, the member has ordered transfers and postings which can only be done by an active chairman.
“Member Enforcement has assumed powers of chairman on his own and is exercising all powers of chairman right now,” said sources.
They added that he cannot assume administrative powers of chairman on his own as a notification of the federal cabinet is required in this very regard. And, the member has not been given the charge of chairman and he can only run the day to day affairs or something already approved by the previous full authority.
It is worth mentioning that Ministry of Law and Justice had earlier issued an office memorandum on February 4, 2013, when asked regarding the powers of the authority entrusted to the PTA chairman, and members, clearly stated that in terms of section 3 (8) relating to administration and the staff of the authority can only be exercised by the Chairman. It also said that a member can only exercise such power if he has been appointed the chairman of the authority by the Federal Government, under section 3 (3) of the Act ibid. Further, section 3(10) ibid protects the acts proceedings or decisions taken by the authority in case of exercise of a vacancy or a defect in the constitution of the authority. However, the said provision does not override the powers given to the chairman under section 3(8) of the Act ibid, said Law and Justice Ministry.
“In view of the foregoing, it is clarified that PTA members cannot exercise the powers of the chairman, relating to administration and staff of the Authority under section 3 (10) of the Pakistan Telecommunication (re-organisation) Act, 1996,” read the letter of Law and Justice Ministry.
When contacted, PTA’s Member Enforcement Samad said he is looking after the day to day affairs of PTA under the provision of section 3 (10) of the authority. Moreover, Islamabad High Court (IHC) and an intra-court appeal during 2013 allow the member to exercise the powers to run the affairs of PTA. He added that he will continue looking after the PTA till the federal government appoints a new Chairman and Member of PTA.
Samad also said that the Cabinet Division’s letter issued on January 3, 2017, has surprised him as courts orders have already clarified the provisions given in Section 3(10) of the Authority. Soon, he will respond to Cabinet Division over its order of withdrawal of orders.
