Legality of the Removal of PEMRA Chairman

In Rasheed Ahmad vs. Federation of Pakistan (PLD 2017 SC 121), the Supreme Court of Pakistan examined the legality of the removal of Rasheed Ahmad from the position of Chairman of the Pakistan Electronic Media Regulatory Authority (PEMRA). The Court upheld the Islamabad High Court's decision to dismiss Rasheed Ahmad’s writ petition, finding that his appointment was improperly made without adherence to statutory requirements and that his subsequent removal was lawful and in accordance with the principles of natural justice.

Background:

The appellant, was appointed as the Chairman of PEMRA on January 26, 2013. On April 17, 2014, he was dismissed from the position through a notification issued by the government, citing misconduct as the reason for his removal. The appellant challenged his dismissal in the Islamabad High Court, which initially ruled in his favor but later reversed its decision upon appeal by the government, dismissing his writ petition.

The appellant then appealed to the Supreme Court, arguing that his removal was illegal as he was not provided a fair opportunity to defend himself against the allegations of misconduct. He contended that his appointment, meant to be for four years under the PEMRA Ordinance, 2002, could not be terminated prematurely without valid grounds.

Key Issues:

Legality of the Appointment Process for Chairman, PEMRA: Whether Rasheed Ahmad’s appointment as Chairman of PEMRA was made in compliance with the statutory requirements outlined in the PEMRA Ordinance, 2002.

Adherence to Principles of Natural Justice: Whether the removal process adhered to the principles of natural justice and provided the appellant with adequate opportunity to contest the allegations of misconduct.

Validity of Grounds for Removal: Whether the grounds cited for the appellant's removal, particularly allegations of misconduct, were legally sufficient and substantiated by evidence.

Court's Analysis:

Improper Appointment Process: The Supreme Court found that Rasheed Ahmad’s appointment did not comply with the mandatory provisions of the PEMRA Ordinance, 2002, which required a transparent and merit-based selection process. The Court noted that the appellant, while serving as Secretary to the Ministry of Information and Broadcasting, had proposed his own name for the Chairman position without disclosing this fact or following the proper procedure, such as advertising the position or seeking prior permission to apply.

Compliance with Natural Justice: The Court determined that the government had provided the appellant with sufficient opportunities to respond to the allegations of misconduct, in line with the requirements of natural justice and Article 10A of the Constitution. The inquiry process included serving a show cause notice, allowing the appellant to submit a reply, and providing opportunities for personal hearings, which the appellant chose not to utilize fully.

Substantiation of Misconduct Allegations: The Court concluded that the appellant’s actions in securing his appointment as Chairman PEMRA, while still in government service and without following the required procedures, constituted misconduct. This finding was based on the inquiry officer's report, which was accepted by the Prime Minister and the President. The Court ruled that the appellant's removal on these grounds was justified and legally sound.

Court's Conclusion: The Supreme Court dismissed Rasheed Ahmad’s appeal, upholding the decision of the Islamabad High Court. The Court confirmed that the appellant’s removal from the position of Chairman PEMRA was lawful, based on valid grounds of misconduct, and conducted in compliance with statutory and constitutional requirements.

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