A divisional bench of Lahore High Court turned down a petition requesting to restrain the Chairman, Punjab Services Tribunal (PST) and Punjab Ombudsman from working adjourned the proceedings till December 22 as the Attorney General of Pakistan sought time for submitting his arguments.
Earlier, Akram Sheikh appearing on behalf of respondents extended his primarily arguments and tried to establish that the case was of a serious nature and the court should not show any haste while deciding the matter. As the case in hand linked to grave constitutional implications, the court should take up the matter after the LHC's winter vacations, they added.
The Advocate General Punjab, Khawaja Harris and Ashtar Ausaf, who represented the newly appointed Punjab Ombudsman, were of the same view. On the other side, petitioner's counsel, Fawad Chaudhry argued that the matter should be decided without any unnecessary delay and the respondent appointees should be barred from working through an interim order.
During the course of arguments, petitioner's counsel pointed out that in the presence of the AG, office the government could not engage private lawyers. However, Punjab AG in a harsh tone advised Fawad not to go beyond the case in hand and avoid personal grudges. Deferring the case till Monday, the bench observed that the maintainability of the petition would be decided first with the arguments of the AG.
The PPP Finance Secretary, Aurangzeb Burki filed the petition, assailing the appointments of both Ombudsman and Chairman Service Tribunal made by Speaker, Punjab Assembly while holding the post of Acting Punjab Governor. He said the post of Acting Governor is created in case of absence of the Governor and the nature of the job is just the stopgap arrangement to perform day-to-day functions of the government.
So far, as the policy matter as well as the appointments on key posts in the province is concerned, Acting Governor is not authorised to perform such functions. The petitioner therefore prayed to the court to declare the appointments of Chairman PST and Punjab Ombudsman as unconstitutional, illegal and based on fraudulent and needed legal procedure.