Zulfi's appointment as PTDC chief: IHC issues notices to secretaries, others

The Islamabad High Court (IHC) Tuesday issued notices to secretaries of Cabinet Division and Establishment Division and others regarding appointment of Zulfiqar Bukhari as chairman Pakistan Tourism Development Corporation (PTDC) and establishment of National Tourism Coordination Board (NTCB).

A single bench of the IHC comprising Justice Aamer Farooq heard the petition of Arif Mehmood Shah and 14 other PTDC employees and directed the respondents to submit their replies within 14 days in this matter.

The petitioners have prayed the IHC to declare that the appointment of respondent No. 4 (Zulfiqar Bukhari) as chairman PTDC Board has been made in violation of the 2017 Act and rules made thereunder and the PTDC's memorandum and articles of association.

They asked the court to declare that the notification dated 12-03-2019 whereby the NTCB has been constituted is illegal, unlawful and violative of the spirit of the 18th Amendment Act, 2010 and declare that all decisions made, orders passed and instructions issued by the NTCB in its successive meetings are unlawful, unwarranted and void ab initio.

They also requested the court to declare that the notification dated 07-05-2019 and all subsequent notifications through which a BS-19 officer of the Secretariat Group was appointed as managing director of PTDC are illegal and unlawful and the same may very graciously be set aside.

They further requested to declare that the appointment of Zulfiqar Bukhari as chairman PTDC Board directly by the federal government is illegal and unlawful and the said decision of the federal government may very kindly be set aside.

The petitioners have filed application through Hafiz Arfat Ahmad Chaudhary Advocate and made secretary Cabinet Division, secretary Establishment Division, Zulfiqar Bukhari Special Assistant to the Prime Minister of Pakistan on Overseas Pakistanis and Human Resource Development and Pakistan Tourism Development Corporation (PTDC) as respondents.

The petitioners are regular employees of PTDC. They have questioned the establishment of NTCB through an executive notification dated 12-03-2019 issued by the secretary Cabinet Division in sheer violation of the 18th Amendment, and the unlawful interference of NTCB in the affairs of PTDC which being a juridical person can be run only through its board constituted under the Companies Act, 2017.

The petitioners also assailed successive notifications issued by the Establishment Division whereby the said Division bypassing the provisions and procedure laid down in the Public Sector Companies (Corporate Governance) Rules, 2013 and the Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015 and the law laid down by the Supreme Court of Pakistan, has appointed a BS-19 civil servant of Secretariat Group as managing director PTDC on current charge basis.