Pakistan Court Rules Against Ex-Army Officer's Appointment as Telecom Regulator Chief

The Islamabad High Court has annulled the appointment of retired Major General Hafeezur Rehman as chairman of the Pakistan Telecommunication Authority, deeming the selection process flawed and illegal. The ruling highlights significant breaches in recruitment procedures.

A Pakistani court has dismissed a former military officer from his role as the head of the telecom regulatory body, citing his appointment process as unlawful. Retired Major General Hafeezur Rehman, who was leading the Pakistan Telecommunication Authority (PTA), faced legal challenges regarding his appointment in 2023 by digital rights advocate Usama Khilji.

The Islamabad High Court, led by Justice Babar Sattar, delivered the ruling after examining the case. The court scrutinised Rehman's appointment as PTA's Member Administration, which later led to his elevation as chairman. It found that the creation of the Member Administration post and the recruitment process were flawed and lacked integrity.

Appointment Process Violations

The court noted that the selection committee's decision to propose three candidates for the position breached Rule 44 of the PTA Appointment Rules. This rule permits recommending only one candidate. The judgment criticised the federal government's choice to appoint a candidate ranked lowest on the merit list without a valid reason, violating Section 24A of the General Clauses Act, 1897.

The Act requires decisions to be just, fair, and reasonable. The court further stated that Rehman's appointment as PTA Chairman lacked an objective or transparent process. The government did not document reasons for choosing him over other candidates, making the appointment illegal and unsustainable under law.

Implications of Court Ruling

Justice Sattar concluded that Rehman's entire appointment process was unconstitutional and illegal. "Since the entire process of Rehman's appointment as Member Administration and as PTA Chairman was found to suffer from malice in law being the product of an unconstitutional and illegal recruitment process, he shall cease to hold such appointments and shall immediately relinquish charge for such offices," he stated.

The court directed that until a regular chairman is appointed by the federal government, the senior-most serving PTA member will temporarily take over as chairman. This decision underscores the importance of adhering to legal standards in government appointments.

With inputs from PTI