CGA can stay as long as govt wants

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  • With media focus on sit-ins and first year’s audit report still hanging in balance, govt gives out-of-turn extension to CGA Farah Tarin in violation of law, SC orders
  • Tarin defends her position saying that she got an extension because there was no other grade 22 officer available and she was only a ‘stop-gap arrangement’

 

ISLAMABAD

MIAN ABRAR

Taking advantage of the media’s focus over the long march and sit-ins staged by Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT), the government has quietly given extension to Controller General of Accounts (CGA) Farah Ayub Tarin, in clear violation of government rules, the governing law- Controller General of Accounts Ordinance 2001 and the Supreme Court’s orders.

Sources in the Finance Ministry told Pakistan Today that Tarin was granted extension allegedly due to her role in “covering up the financial misappropriations of the government in the past one year”.

Tarin retired from service on August 13, 2014, but was given extension. The extension is a clear violation, not only of the government rules but also of Controller General of Accounts Ordinance, 2001 and the SC’s orders dated January 27, 2011 passed in suo motu case no 24 of 2010 against re-employment of retired government servants.

EXTENSION ORDERS VIOLATE LAW:

Documents available with Pakistan Today reveal that Establishment Division (ED) on August 13, 2014, issued notification no 11/02/2012-E-I which states, “The president of Pakistan has been pleased to approve extension of Mrs Farah Ayub Tarin, incumbent Controller General of Accounts (CGA), with effect from August 14, 2014, after her superannuation on August 13, 2014, up to December 31, 2014 or till an officer of Pakistan Audit and Accounts Service (PA&AS) is promoted to BS-22 and appointed as CGA, whichever is earlier.”

The president’s orders are in clear violation of CGA Ordinance 2011 Section 4 which states that the CGA shall be appointed by the president from amongst accounts group officers and shall be a BPS-22 officer.

After her retirement from government service on August 13, 2014 which has also been notified by auditor general of Pakistan (AGP) vide notification no 2013/PAAS-I/13-82-II(280) dated August 8, 2014, Tarin is no more a BS-22 officer of the accounts group and cannot continue as CGA.

TARIN’S RE-EMPLOYMENT CAUSING PROMOTIONAL BLOCK:

Even if re-employed, Tarin cannot be posted CGA as that position can only be held by a serving BS-22 officer of Pakistan Audit and Accounts Service (PA&AS) in line with CGA Ordinance, 2001.

According to ED’s DO letter No 7/3/89-OMG-II dated January 28, 1989 relating to “re-employment after superannuation”, the criteria laid down for re-employment is that re-employment does not cause promotion block and the non-availability of qualified or experienced officers to replace the retiring officer.

Tarin’s “extension” will lead to a promotion block of equally, if not more, qualified and experienced officers at least up to December 31, 2014. Already, eligible officers have not been promoted to BS-22 for the past nine months despite the availability of four vacant BS-22 posts.

WHAT’S COOKING?:

The federal government has taken care of the payments and withdrawals from the Federal Consolidated Fund and the Public Account without pre-audited checks by bringing amending Section 5(a) of CGA Ordinance, 2001 through Finance Bill, 2014 which provides that in case of exigency the Ministry of Finance or Finance Departments may authorise payments directly from State Bank of Pakistan and submit such information to the CGA to enable him to record the transactions.

The federal government probably intends to take care of the requirements of Section 7 by retaining the ‘services’ of the incumbent CGA who would prepare the accounts according to their requirements. The authentication by the AGP would be taken care of by his removal and placing the posting and transfer of the officers of the department of the AGP under prime minister/ED/ Finance Division as has already been attempted through ED notification no 1/127/2014-E-4 dated 15.07.2014, which in a number of cases has been struck down by the superior courts.

IT’S A ‘STOP-GAP’ ARRANGEMENT:

When contacted, Ministry of Finance GM Media Nadeem Kayani confirmed that Tarin had been given an extension till December 31, 2014, or further orders as CGA. He also confirmed that Tarin had retired on August 13 and had been given an extension as CGA.

Asked whether the extension was a violation of CGA ordinance, government rules and the apex court orders, Kayani avoided any comments.

However, confirming the extension given to her, Tarin said that she had been given an extension as CGA as there was no other Grade-22 officer available for this appointment.

Tarin said she had been given extension as “stop-gap arrangement” and as soon as the prime minister would promote any officer of the CGA to grade 22, she would be replaced.

Asked whether the extension to a retired officer as CGA was a violation of CGA ordinance, Tarin admitted that only a serving officer of grade 22 could be appointed as CGA.

“A summary has been moved to the prime minister for holding a meeting of the board for promotion of officers to grade 22,” she maintained.