ISLAMABAD-A writ petition challenging the appointment of Masroor Khan as Chairman Oil and Gas Regulatory Authority (OGRA) and Zainul Abideen Qureshi as its member have been filed in the Islamabad High Court (IHC).
A single bench of IHC comprising Justice Miangul Hassan Aurangzeb will Monday (today) conduct hearing of the petition moved by Dr G. M Chaudhary. In his petition, he cited Federation of Pakistan through Prime Minister, Secretary Cabinet Division, Special Assistant to Prime Minister on Accountability and Interior, Chairman OGRA Masroor Khan and Member OGRA Qureshi as respondents.
The petitioner adopted the stance that under which authority of the law and the Constitution of the Islamic Republic of Pakistan the Respondent No. 5 (Chairman) and 6 (Member) are holding their respective offices as the Chairman and Member OGRA, vide the impugned notification No.1/73/2020-E-6, dated 18-02-2021 (Annex-A) and notification No. 4/1/2019-RA-II/OGRA, dated 01-10- 2020 (Annex-B), when recommendations regarding appointment was made by an incompetent authority (Selection Committee) without any lawful authority (ultra vires) and coram non judice.
He stated that under which authority of the law and the Constitution of the Islamic Republic of Pakistan, the Respondent No. 3 was empowered to act as the Chairman of the Selection Committee for selection of Chairman and Member (Oil) of OGRA and recommended the candidates for posts of Chairman and Member (Oil) in violation of instructions regarding recruitment of MP Scales being in violation of principles laid down in Islamabad High Court, Islamabad, judgment reported as 2022 PLC (CS) 646 [Naeem Anwar v. Federation of Pakistan and Others]
Therefore he prayed to the court to declare the appointments of the Respondent No. 5 and 6 as illegal, ultra vires as well as coram non judice to the instructions and law and be set aside ab initio in the interest of justice.
Chaudhary requested the court to declare all actions, decisions or exercise of any power (administrative and financial) under any law as well as under the provisions of the Oil and Gas Regulatory Authority Ordinance, 2002 (Ordinance No. XVII of 2002), and Rules and Regulations made and Instructions thereunder taken by the Respondent No. 5 and 6 as well as to receive any financial benefit including their salaries, allowances, perks, privileges, etc., as illegal, void ab initio and without lawful authority
He further requested the court to direct the Respondent No. 1, 2 and 4 to recover all
financial benefits including salaries, allowances, perks and privileges, etc., received by the Respondent No. 5 and 6 as illegal, void ab initio and without lawful authority as the arrears of land revenue in the interest of public exchequer in the light of principles laid down in judgments of the Supreme Court.