SJC to start formal hearing of govt’s reference against Akhtar Rana today
As the Supreme Judicial Council (SJC) is all set to start today (Thursday) the formal hearing of a reference filed by the government against Auditor General of Pakistan (AGP) Akhtar Buland Rana for allegedly drawing excessive salary from the exchequer, the government has already started to penalise the AGP by deducting his entire month’s salary even before the SJC could hear the reference.
The SJC may decide today whether the reference sent by the government against the AGP is maintainable or not as the Council has summoned Attorney General for Pakistan Salman Butt, AGP Rana, the National Assembly secretary and Irfan Jahangir Wattoo, a Grade-20 officer of the Pakistan Audit and Accounts Service who had filed a private complaint against the AGP.
Rana irked the government after the Audit Department held that the government had paid Rs 500 billion without pre-audit checks to IPPs in bid to clear the circular debt. Later, Rana also refused to appear before PAC Chairman Khurshid Shah, objecting that the PPP’s former ministers could not adjust audit paras raised by the Audit Department against PPP’s previous government.
Under the law, the government can’t take any punitive action while the matter is pending before the apex judicial forum of the country.
The 100 per cent deduction of the salary has not only affected the AGP but also impacted the monthly donations of Rs 135,000 to three major charity organisations – Edhi Foundation, Shaukat Khanum Hospital and Pakistan Baitul Maal by the AGP.
Documents available with Pakistan Today reveal that the PAC’s subcommittee had given a one-sided decision against the AGP as Rana had refused to appear before it stating that it was not a competent forum to hold an enquiry into his salary matter.
Later, the PAC took up the matter and directed the National Assembly Secretariat to forward a reference against the AGP for misconduct by drawing excessive salary. The National Assembly secretary later sent a letter to the secretary Finance Division, asking the ministry to take (punitive) action against the AGP.
On October 2, 2014, in a follow up letter No.F.13(1)/2014-PAC, PAC Joint Secretary Syed Jawad Naqvi further pressed the finance secretary by asking “about the progress/action taken so far (against the AGP) on the recommendations of the Special Report of PAC including recommendation at para 6 (d) of the report regarding the External Audit or Oversight Mechanism pertaining to Office of the Auditor-General of Pakistan/AGPR”.
Following the letter by Naqvi, Controller General of Accounts (CGA) Farah Ayub Tarin issued a letter directing the Accountant General of Pakistan Revenue (AGPR) Asif Ali to fully implement the PAC directions.
Tarin wrote that the Finance Division had informed the AGPR vide their D.O. letter No. F.3 (3) Exp.11/2013-830 dated October 9, 2014, that recovery of excess salary/privileges drawn by AGP and reference against him to SJC were two separate and distinct issues and don’t involve any law-point hence the same may be kept separate.
“Supreme Judicial Council has taken the case of misconduct on part of the Auditor-General of Pakistan. The same has nothing to do with recovery of overpayment which falls under the preview of the AGPR on the directives of the PAC,” the letter stated.
“The Public Accounts Committee has decided that excess salary and privileges drawn by AGP is an act against the law in the financial matters for his personal benefit contrary to the Exchequer, and has deliberately violated the oath of Auditor-General’s Office. Hence to implement the decision of PAC in letter and spirit and to recover excess salary/privileges drawn by AGP, you are directed to recover the whole amount in the light of Treasury Rule – 215. Recoveries must not ordinarily be made at a rate exceeding 1/3 of pay unless the government servant affected has in receiving or drawing the excess, acted contrary to orders or without due justification.”
“In the light of above, you are directed to immediately stop charity deductions to Pakistan Bait-ul-Mal, Shaukat Khanum & Edhi Foundation and instead recover the whole amount i.e. 100 per cent pay from October 2014. However, even after the recovery of 100 per cent pay, the entire amount is not liable to be recovered in the remaining period. AGPR may consider recovery through pension also in accordance with the rules under intimation to this office,” said the letter sent to the AGPR by the CGA.
PAC HAS NO JURISDICTION TO ACT AGAINST AGP:
Under the National Assembly rules of procedure & conduct of business, the PAC has no power to examine or hold an enquiry into the salary fixation of the AGP. Rule 203 of the National Assembly that deals with the PAC says that the PAC may scrutinise the appropriations of accounts of the government on the basis of the AGP report.
Rule 224 which deals with the powers of the subcommittee states that the powers of the subcommittee were the same enjoyed by the PAC itself.
