Mushtaq Sukhera's appointment as FTO is illegal, law ministry tells IHC
Mushtaq Sukhera's appointment as FTO is illegal, law ministry tells IHC.
ISLAMABAD (Dunya News) – Ministry of Law and Justice submitted its reply to the Islamabad High Court (IHC) in the case pertaining to Mushtaq Ahmed Sukhera’s removal as Federal Tax Ombudsman (FTO) and termed the appointment illegal.
The six-page answer states, “It is said that prime minister recommended Mustaq Sukhera as Federal tax Ombudsman two years before on Aug 30, 2017; according to this President of Pakistan appointed him on the very day. According to clause 3 (1) of Ordinance 2000, it is the prerogative of President of Pakistan and PM advice is not necessary.
The important point is that the principle of appointment is clear and it cannot be deviated. According to clause 5 of Act 2013: Federal tax Ombudsman would only be removed by filing reference in SJC but this law will only be implemented if the appointment is according to the law. President did the appointment with recommendation of PM so this is illegal. At this situation it is not even necessary to issue show cause notice.”
It was told that the president had confirmed the appointment on August 30, 2017 upon the premier’s advice.
