A constitutional petition has been filed before the Supreme Court for the appointment of permanent auditor general of Pakistan (AGP) in which the applicant prayed that apex court immediately direct the government to appoint the AGP on seniority cum fitness basis.
Petitioner Syed Faiz Ali Shah filed a constitutional petition praying that it may kindly be accepted and court issue directions to federal government to appoint an auditor general of Pakistan on regular basis under the constitution as per will of legislature on seniority cum fairness basis.
It is pertinent to mention here that the slot of AGP was vacant after retirement of former auditor general of Pakistan Rana Asad Amin on April 8, 2017.
The petitioner made Federation of Pakistan, prime minister of Pakistan through cabinet secretary, Establishment secretary and others as party.
It stated that appointment of AGP was a constitutional requirement under Article 168 of the Constitution of Islamic Republic of Pakistan and if the AGP resigns or is removed from the office in accordance with clause 5, hold office for a term of four years from the date on which he assume such office or attain the age of sixty five years, whichever is earlier.
Article 168 clause 6 stated that at any time when the office of AG is vacant or the AG is absent or is unable to perform the functions of his office due to any cause, the president may appoint the most senior officer in the office of the AG to) at as AG and perform the functions of that office, reads petition.
The petitioner further stated that Article 169, 170 and 171 deal with functions and powers of auditor general, power of AG to give directions as to account and AG will present the reports of Federation accounts to President of Pakistan thus according to non-enactment of these rules by the parliament, the office of AGP and CGA which must have been able to act independently have virtually become subordinate of the executive and political authorities who prima facie have ulterior motives.
