Altaf Hamid Rao,
MIRPUR (AJK): Azad Jammu Kashmir High Court has dismissed the writ petition of Adnan Inamullah Khan, Commissioner Inland Revenue (Director Taxes), on deputation, in AJ&K Inland Revenue Department Mirpur seeking cancellation of the recent orders of his repatriation to his parent department of the Federal Board of Revenue (FBR) of the Government of Pakistan.
A single bench of the AJK High Court (Circuit Mirpur) comprising Mr. Justice Raza Ali Khan, in its order, dismissed in limine the writ petition filed by Adnan Inamullah Khan by declaring that the upshot of the discussion stands not admissible and therefore, the above mentioned “writ petition stands dismissed in limine.
The learned court said in its brief order dismissing the writ petition as saying “As no case for admission of petition is made out and I have come to the conclusion that a deputationist has no vested right to complete for the period he was deputed rather the borrowing department may repatriate him at any time without reasons, therefore in my considered view the amendment will not serve any purpose, hence, the application for amendment is rejected”. The learned court delivered these remarks in its order after an application for grant of amendment was filed on behalf of the petitioner Whereby he wanted to challenge the letter dated 14.06.2018 written by Services and General Administration Department of Azad government of the State of Jammu & Kashmir to Secretary Administration FBR, Islamabad seeking initiation of the process for repatriation of the petitioner Adnan Inam Ullah Commissioner Inland Revenue (Director Taxes), on deputation, in AJ&K Inland Revenue Department Mirpur to his parent department of FBR.
The petitioner had made total of nine respondents and pro-forma respondents in the case including AJK govt., Chief Secretary of AJK govt., Finance Department of AJK Govt, Secretary Finance AJK Govt., Services and General Administration Department and Secretary Services and General administration department of AJK govt., Secretary AJK Council, Chairman AJK Council and Secretary Ministry of Kashmir Affairs and Gilgit / Baltistan of the Government of Pakistan
The learned AJK High Court, in the order, quoted a reproduced dictum of the Supreme Court of Pakistan as saying “the reproduced dictum of the apex Court of Pakistan makes it clear that deputation policy does not provide any provision that the deputationist shall serve for the whole period for which he was deputed rather the competent authority can repatriate a deputationist as and when so desire without assigning any reason and as no right of the deputationist is infringed, hence, he can not invoke the constitutional jurisdiction”.
It may be recalled that after the arrival of the much-awaited popular 13th constitutional amendment – 2018 in Interim Act 1974 – now the interim constitution of Azad Jammu Kashmir, the Services and General Administration Department of Azad Government of The State of Jammu and Kashmir in its letter Dated July 14, 2018 addressed to the Secretary Administration Federal Board of Revenue (FBR), Islamabad, apprised later of the repatriation of Adnan Inamullah, Officer of Inland Revenue Service (FBR) and recalling Sardar Zaffar Mahmood Khan, Officer of AJ&K Inland Revenue Service to his parent department – the AJK Inland Revenue Department.
The aforesaid letter of AJK Services and General Administration said in its above letter as under:-
“The Prime Minister Azad Govt. of the State of Jammu & Kashmir in the aftermath of the 13th Constitutional Amendment 2018 and transfer of Inland Revenue Department (Direct Taxes / Provincial Taxes from AJ&K Council To AJK Government, has been pleased to accord following approval:-
i) Mr. Adnan Inamullah, Officer of IRS (FBR) currently posted as Commissioner Inalnd Revenue AJ&K on deputation basis is repatriated to his parent department forthwith.
ii) The service of Sardar Zafar Mahmood Khan, Officer of AJ&K Inland Revenue Service, who is currently posted in FBR as Commissioner Inland Revenue on deputation basis, shall stand immediately transferred to the parent organization and thereby posted as Commissioner Inland Revenue (Direct Tax) on current charge basis. He shall also be assigned with additional charge as Commissioner Inland Revenue (Provincial Circle), till further orders.
iii) It is, therefore, requested that repatriation of Mr. Adnan Inamullah, officer of IRS (FBR) currently posted as Commissioner Inland Revenue AJ&K and Sardar Zafar Mahmood Khan, Officer of AJK&K Inland Revenue Service to their respective parent departments / organizations may be processed at the earliest as the above positions will take effect immediate after 30th of June, 2018” it concluded.