ISLAMABAD: The Federal Board of Revenue (FBR) has categorically conveyed to the Inland Revenue field formations that the notifications of transfer and postings of senior officials to the “Admin Pool” are still intact.
In this regard, the FBR has issued instructions to all heads of the IR field formations.
According to a circular issued by the FBR on Friday, some officers of IRS and PCS who were transferred/posted vide notifications filed a Suit No 1049/2024 in Sindh High Court (SHC), Karachi against the aforementioned transfer/postings notifications, whereby, the SHC vide interim order dated 29.07.2024 allowed the petition to continue in the office whereby they were earlier posted.
Transfer to FBR admin pool: SHC dismisses plea of 12 senior IR officials
However, the SHC, vide final order dated 08.08.2024 passed in the aforementioned suit.
The SHC has dismissed the plea of 12 senior officials of Inland Revenue Service, who had challenged their transfers to Admin Pool of the FBR.
Foregoing in view, it is conveyed that the FBR’s notifications are intact and compliance thereof may be ensured, the FBR added.
The FBR recently moved several tax officials to a common pool based on their internal criteria such as integrity, performance, and reputation.
Twelve officers stationed in Karachi challenged this transfer in the SHC and obtained stay orders in the last week of July 2024. The case of these tax officials was scheduled for a detailed hearing after the vacation, and the court after hearing the matter in detail has dismissed the civil suit challenging their plea of transfer to the FBR’s Admin Pool.
The order of the SHC stated the FBR issued two notifications dated 03.07.2024; prima facie for the transfer of officers of the Inland Revenue Service, admittedly civil servants.
Twelve serving officers of the IRS have preferred this suit seeking to have their transfers deemed to be akin to OSD and quashed. The office has objected maintainability inter alia as to how a matter pertaining to terms and conditions of service of civil servants may be agitated in a civil suit; in view of the bar contained in Article 212 of the Constitution.
The sole determinant issue before this Court is whether the present grievance of the plaintiffs could be adjudicated in a civil suit; in view of Article 212 of the Constitution, as interpreted by the Supreme Court from time to time including in Ali Azhar Baloch.
Article 212 of the Constitution confers exclusive jurisdiction upon the service tribunals for adjudication of matters relating to terms and conditions of service of civil servants.
Copyright Business Recorder, 2024
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