ISLAMABAD: The Islamabad High Court on Monday dismissed the petition of former Accountant General of Pakistan Revenue (AGPR) Tahir Mahmood seeking nullification of his forced leave order issued by the Commerce Division.
A single-member bench of IHC, comprising Justice Noorul Haq N Qureshi, announced the decision and upheld the government decision to send him on forced leave.
The Government can send an officer on forced leave, the court observed in its order.
The court had reserved the decision on February 13 after the concluding arguments of former AGPR and Federation counsel. In earlier hearing, counsel for Tahir Mahmood, Mir Aurangzeb had apprised the court that the order to send his client on forced leave was unlawful and illegal as the notification had been issued without approval from the Auditor General of Pakistan, who is the administrative head.
He argued that under rule 5(1) (i) of 1973, the government servant can either be suspended or required to proceed on leave, therefore, after the issuance of suspension order of his client, no order of forced leave could be passed against him.