Taking serious note of lackadaisical attitude of authorities concerned to take a disciplinary action against Chief Commissioner Regional Tax Office, Rawalpindi, Tanvir Akhtar Malik, over submitting a false report with the apex court on dismissal of cases of the Federal Board of Revenue for non-prosecution in various courts, the Supreme Court questioned why Prime Minister's Office failed to appoint an inquiry officer in the matter.
A two-member bench of Justice Amir Hani Muslim and Justice Ijazul Ahsan observed this while resuming the hearing of suo motu notice of billions of rupees loss to national exchequer due to negligence of the FBR's personnel as hundreds of revenue recovery cases were dismissed for being time barred and non-prosecution in various courts. The apex court had asked the FBR to take disciplinary action against Akhtar, who had submitted a false report in the matter with the apex court to which, Additional Attorney General for Pakistan Waqar Rana held Akhtar responsible for misleading the court.
During the course of proceedings, Justice Amir Hani Muslim said in his remarks the FBR has recommended a disciplinary action against Akhtar over submitting a false statement with the apex court, adding the file has been pending in the Prime Minister's Office for five months. Justice Amir Hani Muslim categorically asked as the Prime Minister is not appointing an inquiry officer in the matter.
During the course of hearing, Waqar Rana apprised the court that after approval of the finance minister, Akhtar has been charge-sheeted, whereas a summary was sent to Establishment Division, which forwarded the file to the Prime Minister for a further inquiry into the matter.
Expressing his dismay over the response, Justice Amir Hani Muslim said the same reply was submitted during the last hearing in the matter, adding that the FBR officials concerned were responsible for non-prosecution and delay in filing a reply or showing negligence to file appeals in litigation about revenue recovery, which caused a huge loss to national kitty.
The bench observed that unless those who violate the apex court's orders are sent behind the bars, things wouldn't change. The bench expressing dismay over non-implementation on the apex court's orders further said that even the Prime Minister wouldn't be in the know who is running the affairs of Prime Minister's Secretariat. Justice Amir Hani Muslim hinted at summoning the secretary establishment and chairman FBR for explanation over delay in initiation of action against Akhtar in the matter.
However, the FBR informed the court that the Board had established a centralised system to oversee the adjudication progress and finalisation of a recovery case. The bench asked the fixation branch to refer the matter in hand before a bench of Justice Ejaz Afzal Khan for next hearing as he had regularly issued directives in the case earlier.
The hearing of matter was adjourned till December 07.