ISLAMABAD: The federal government has quietly changed the command of Oil and Gas Regulatory Authority (Ogra) after realising that its move to give the acting charge to member (gas) Aamir Naseem may affect its case in the Islamabad High Court.

Since Feb 11, Ogra has got its third head, Babar Yaqoob, after an inquiry committee comprising Barrister Zaffarullah Khan and Tariq Khosa held former Ogra chief Saeed Ahmed Khan responsible for the oil crisis in January.

Also read: Ogra chief, PSO board take flak for petrol crisis

The cabinet division referred the inquiry against Saeed Khan to the Federal Public Service Commission (FPSC) and sent him on ‘forced leave’ and gave the charge to Mr Naseem.

The documents available with Dawn raise questions about the way the federal government has dealt with Ogra officials facing FPSC inquiries.

As per the documents, an inquiry has also been pending against Mr Naseem in the FPSC on the charge that his “appointment has been made in conflict of interest”. The charge-sheet issued to Mr Naseem in November last year said: “At the time of selection, you (Aamir Naseem) were actively serving as Senior General Manager, Sui Northern Gas Pipelines Limited, involved in activities regulated by Ogra.”

The charge-sheet signed by FPSC Chairman Maj Gen Niaz Mohammad Khattak said: “Whereas, I (Gen Khattak) consider that in the light of the facts of the case and in the interest of justice, it is necessary to hold an inquiry through an inquiry officer, Mr Akhlaq Ahmed Tarrar, Member FPSC.”

On Feb 11, the cabinet division had issued a notification sending Saeed Khan on forced leave and appointing Mr Naseem as acting chairman. The notification said: “In order to ensure impartial inquiry, he (Saeed Khan) is directed to proceed on leave with immediate effect for a period of three months or till outcome of inquiry. During this period, the charge of the post of Ogra chairman is assigned to Mr Aamir Naseem.”

Under the Ogra Ordinance, neither its chairman nor any member can be removed unless the FPSC, after conducting an inquiry, finds them guilty.

Saeed Khan challenged the cabinet division’s notification in the IHC earlier this week. In his petition, Mr Khan argued that the FPSC was conducting an inquiry against Mr Naseem and had also framed charges against him.

“During the pendency of inquiry for ‘misconduct’, the member has not been sent on leave…almost two and a half months have lapsed since the initiation of inquiry against the respondent (Aamir Naseem) but he has been performing his functions. The logical conclusion is that because the respondent could not influence the inquiry being conducted by the FPSC, he need not be sent on a forced leave for which, even otherwise, the Ogra Ordinance 2002 does not provide any provision,” the petition said.

It maintained: “If the respondent against whom an inquiry is already pending could even be promoted (illegally though) and assigned the charge of the chairman, the petitioner (Saeed Khan) must also be afforded similar treatment.”

Sources in Ogra told Dawn that after the IHC had taken cognisance of the matter relating to the appointment of Mr Naseem, the government’s legal wing recommended his immediate removal.

It may be mentioned that on Feb 17 when the IHC issued notices to the respondents, including Mr Naseem, after a preliminary hearing of Saeed Khan’s petition, the government on the advice of its legal experts replaced Mr Naseem with Babar Yaqoob as acting chairman.

Despite repeated attempts, government’s spokesman Pervaiz Rashid and Ogra spokesperson Afzal Bajwa could not be contacted for comments.

However, Barrister Jahangir Khan Jadoon, the standing counsel for the government who is dealing with the case in the IHC, said that since the matter is sub judice, he would argue the issue only before the judge.

Published in Dawn, February 21st, 2015

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