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Friday March 29, 2024

Govt to follow LHC order in Ganjera case, says minister

KARACHI: Federal minister for inter-provincial coordination (IPC) Riaz Hussain Pirzada has said that the ministry would act in the light of the Lahore High Court (LHC) decision in which it set aside the notification of the appointment of Dr Akhtar Nawaz Ganjera as Pakistan Sports Board’s (PSB) Director General. “We

By Alam Zeb Safi
March 06, 2015
KARACHI: Federal minister for inter-provincial coordination (IPC) Riaz Hussain Pirzada has said that the ministry would act in the light of the Lahore High Court (LHC) decision in which it set aside the notification of the appointment of Dr Akhtar Nawaz Ganjera as Pakistan Sports Board’s (PSB) Director General.
“We will discuss the issue with the secretary of IPC Chaudhry Mohammad Ijaz who will arrive soon from Australia and will take further step in the light of the court orders,” Pirzada told ‘The News’ on Thursday.
“We don’t have any other qualified person in the PSB. I am confident the things will be settled soon,” he said.
The PSB’s legal team has stated that as per the court order the post is now vacant and the government should fill it as per law.
“I have advised the government to act according to the court’s ruling and as per the court’s order the DG post is now vacant so it should be filled according to law,” PSB’s legal advisor Irfanullah Khan told this correspondent. “I have also advised it that it can also go for intra-court appeal,” he said.
The IPC minister is also the president of the PSB as per rules.
The court gave the decision on a petition filed by Zain-ul-Aziz Khan Babar. Justice Mirza Viqas Rauf heard the case.
Ganjera, who has a PhD degree from Australia, had been elevated to the post of DG PSB Technical and Training in 2011.
Following the death of PSB DG Amir Hamza Gilani in February last year, Ganjera took the seat.
A source in the PSB said that the Board would need an acting DG immediately to look after the day-to-day affairs.
The court order, a copy of which is with this correspondent, says: “The appointment of Akhtar Nawaz Ganjera as Director General PSB was in violation of law and public interest. As a sequel, thereof, the instant petition is allowed and the appointment of respondent No 5 (Ganjera) is declared as without lawful authority as a result thereof notification number 1/58/2008-E-6 dated April 15, 2014 is set aside.
“The post of DG PSB is, hereby, declared to be vacant which shall be filled by the competent authority in accordance with the law.”
Earlier, the court said, “Genjera, who was then working as senior official of the PSB in Grade-19, had been appointed as Director General Technical and Training on May 23, 2011 on current charge basis till finalisation of the promotion process. The rules don’t provide any such post and his post is alien to the post mentioned in The Service Rules 2000.
“The Board is though vested with the authority to introduce amendments by virtue of Rule 172 of The Service Rules 2000 but no such amendment was ever brought as per mandate of Rule 172.
“The notification of the appointment of DG PSB was issued on April 15, 2014 and before that he was officiating as DG PSB on acting charge basis in terms of office order dated 13-02-2014.
“Though the learned counsel of Ganjera has tried to make his case that the appointment as DG PSB was made by the way of transfer but no such mechanism is available in The Service Rules 2000, neither Ganjera can act as DG Technical under The Service Rules 2000.
It was incumbent on the government to fill the post of DG PSB by way of direct recruitment through publicity and advertisement in order to bring harmony and transparency in the matter of appointment to a public office of such a higher pedestal.
“Ganjera was inducted as DG PSB without due process of law and in a non-transparent and collusive manner,” the court added.