The Sindh High Court (SHC) has temporarily suspended a notification from the Federal Board of Revenue (FBR) that ordered the transfer of senior tax officials to the “Admin Pool.” According to the SHC’s directive, notices have been issued to the defendants and the Deputy Attorney General (DAG) for a hearing on August 8, 2024. In the meantime, the court has clarified that the officers are allowed to remain in their current positions until the hearing.
The SHC bench made this decision on Monday, temporarily halting the implementation of a notification dated July 3, 2024, which transferred 12 officers to the Admin Pool at the FBR in Islamabad.
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Khalid Javed Khan, the advocate representing the plaintiffs, argued that the impugned notification was issued without jurisdiction and is thus challengeable, referencing the case of Arif Majeed v/s Karachi Grammar School (2004, SBLR Sindh 333). He contended that the notification effectively designated the plaintiffs as Officers on Special Duty (OSD), a designation that, according to several SHC rulings, is neither a transfer nor a posting but is considered an act beyond jurisdiction.
After hearing the arguments from the plaintiff’s counsel, the bench suspended the notification and instructed that the plaintiffs continue in their current roles. The court also ordered that notices be issued to the defendants for the upcoming hearing on August 8, 2024.
