ISLAMABAD: A Senate panel has directed the Special Secretary, Cabinet Division to conduct a thorough inquiry into the use of Chairman PTA‘s powers by a Member of Pakistan Telecommunication Authority (PTA).
Minutes of the meeting of sub-committee of the Senate Standing Committee on Cabinet Secretariat available with Pakistan Today discloses that a sub-committee of the Senate Standing Committee on Cabinet Secretariat was held under Convener Senator Kalsoom Parveen, and Senator Hidayat Uallah as Special Invitee to examine the performance of PTA during the last four years. The panel had directed the Special Secretary, Cabinet Division to hold a thorough inquiry into the matter and furnish a report within one week to the Senate Secretariat.
The chair further directed that the Attorney General for Pakistan be called on in the next meeting of the sub-committee to give clarification about the use of powers of the Chairman PTA by any member of the authority, said documents/minutes of the meeting.
It is also learnt from the documents that the Senate panel had a threadbare discussion on the issue of appointments against the posts of grade 17 to 20 in PTA, without the presence of the Chairman. The Convener of the Sub-Committee took a serious notice of the misuse of powers by the officers of the PTA as they used the powers of the Chairman while making appointments to high profile situations in the authority. She also pointed out the casting off the provincial quota in making appointments in the authority and was astonished as to how a quota can be ignored because the same has been laid down in the constitution. She further apprised that the Prime Minister’s office has also taken serious notice on these appointments and has inedited to the Cabinet Division to annul the same, said the documents.
Documents also reveal that Special Secretary, Cabinet Division has asked PTA’s Member (Compliance & Enforcement) Abdul Samad Khan to appear in person along with relevant records to brief the Special Secretary.
“It is therefore, requested that Member (Compliance and Enforcement) should brief the special Secretary in person about the whole matter along with relevant records so that further necessary action as per directions of the Senate Sub-Committee could be taken,” said the documents.
Prime Minister Shahid Khaqqan Abbasi while taking serious notice of exercising the authority of PTA chairman by member enforcement of the authority has earlier stopped PTA’s member enforcement from exercising the authority of chairman and declared the orders given by member enforcement after the retirement of former PTA chairman as illegal.
Upon this, current member enforcement has assured obedience to the directions of PM regarding the exercise of authority.
“The directions of the Prime Minister conveyed through cabinet division letter as mentioned above will be adhered to. Undersign will not exercise the administrative powers so far exercised under section 3(10) of the Pakistan Telecommunication (Re-Organisation) Act 1996. However, this may result in non-functioning of the authority as it will affect day to day as well as other regulatory functions of the authority and the telecom sector, “said Member Compliance and Enforcement Abdul Samad in a letter sent to the Cabinet Division with a subject exercise of authority by any member, vested in the chairman Pakistan Telecommunication Authority.
Earlier, Cabinet Division Additional Secretary in a letter informed the member enforcement that “The prime minister has been pleased to direct that any exercise of authority by any member, vested in the chairman PTA without approval by the competent authority, i.e. Prime Minister, will be illegal and acts therein will be void ab-initio.”
A copy of the Cabinet Division’s letter with this scribe points out 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 PTA chairman,” said Cabinet Division’s letter dated January 3, 2017.
It is relevant to mention that PTA currently has only one active member, Member Enforcement Abdul Samad, as PM Abbasi has rejected the extension of former chairman Dr Ismail Shah and member finance Tariq Sultan. Furthermore, member enforcement has so far been exercising the authority of chairman on his own without getting any notification from the federal cabinet.
Taking cognizance of the matter, Cabinet Division had earlier also declared the orders so far taken after the expiry of tenure former PTA chairman by senior officials of Pakistan Telecommunication Authority (PTA) as illegal. The division also advised PTA to withdraw the orders issued by the authority, particularly after the expiry of the tenure of office of former chairman.
However, Abdul Samad Khan continued exercising the authority, which he was not empowered to, said sources familiar with the matter.
It is worth mentioning that Ministry of Law and Justice had earlier issued an official memorandum on February 4, 2013, when asked regarding the powers of the authority entrusted to the PTA chairman.
“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.
