KARACHI, June 21: The Karachi Building Control Authority has challenged the exercise of suo motu powers by the provincial ombudsman on anonymous complaints and the Sindh High Court decided on Monday to hear the parties and the advocate-general on the issue on June 23. KBCA counsel Shahid Jamil Khan said the ombudsman was asked by an SHC division bench last year to probe maladministration in the authority in a case relating to the construction of Trade Tower. He has been trying to widen the probe and two SHC division benches had to advise him to confine himself to the parameters of the probe. Recently, the lawyer said, he (the ombudsman) sought files from the KBCA on an anonymous complaint against the KBCA and its officials in exercise of ‘suo motu powers’.
The counsel claimed in an application moved by him on behalf of the KBCA that the ombudsman was barred from entertaining anonymous complaints unaccompanied by affidavits. Section 10 (2) of the Sindh Ombudsman Act prescribes the procedure in this respect. Insofar as the Trade Tower was concerned, he said, the KBCA had taken the necessary action in accordance with the court order. It was one of the cases dealt with by the chief controller of buildings following conferment of the chief executive’s powers on him.
He requested the court to consider the matter urgently as the ombudsman’s attempt to launch an open-ended, roving inquiry against the authority was hindering its work and demoralizing its staff and officers, the counsel said. Granting the request, a division bench comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim issued notices to the advocate-general and the ombudsman for June 23.
NOTICE TO MINISTRY: The bench also issued notices in a petition by a former deputy general manager of the Pakistan Automobile Corporation (Paco).
Petitioner Mansoorul Haq Solangi submitted that he was serving in Grade 19 when he was unlawfully removed from service in 1993. He challenged his removal and the Supreme Court ordered his reinstatement in 2004.
However, neither the federal ministry of production and industries nor Paco was prepared to give him a posting. He had grudgingly been allowed to nominally rejoin.
He had not been given a posting or allowed remunerations in accordance with his seniority. He said he had been asked to report to an officer who was five steps behind him in order of seniority.
The bench directed that notices be issued to the industries and production ministry secretary and Paco for June 27.
