KARACHI, Aug 22: A division bench of the Sindh High Court headed by Justice Faisal Arab on Thursday declared appointment of Misbahuddin Farid as Karachi Water and Sewerage Board managing director and his promotion to BPS-20 illegal.
The bench also issued directives to the provincial authorities to call a meeting of the departmental promotion committee (DPC) and appoint an eligible managing director of the board who should be in BPS-20.
The order was issued on a petition filed by former KWSB managing director Qutbuddin Shaikh through his counsel, Mohammad Nawaz Sheikh.
The petitioner submitted that he was posted as the board’s MD on April 27, 2009 after the competent authority approved his promotion to BPS-20 as chief engineer. However, he added, the government removed him from the post later and posted him as project director of the special initiative department.
The petitioner submitted that Mr Farid, then superintendent engineer in BPS-19, was junior to him and posted as the board’s MD in his own pay scale.
The petitioner stated Mr Farid constituted a departmental promotion committee and made himself its head. The petitioner further stated that Mr Farid convened a meeting of the DPC on Oct 8, 2012 and got himself promoted to BPS-20 illegally.
The petitioner argued that it was an established law that a person whose own case of promotion was involved could not attend the DPC meeting convened to decide such cases but Mr Farid being convener of the DPC attended the meeting and got himself promoted to the next grade.
The petitioner prayed the court to declare Mr Farid’s appointment as KWSB managing director and his promotion to BPS-20 illegal.
The same bench restrained the Election Commission of Pakistan (ECP) from proceeding with an election appeal seeking to disqualify Pakistan Peoples Party (PPP) MNA Mir Shabbir Ali Bijarani and adjourned the matter to Sept 10.
Petitioner Mir Bijarani through his counsel submitted that respondent Tahir Hassan Khoso had filed an appeal before the ECP alleging that he possessed a fake degree and, therefore, he should be disqualified as MNA from NA-209 constituency.
The petitioner’s counsel argued that the time for filing such an appeal as prescribed under Section 103 AA of the Representation of the People Act, 1976 had lapsed and, as such, his election could not be challenged.
He prayed to the court to restrain the ECP from proceeding with the appeal.
The court issued notices to the ECP, Mr Khoso and other respondents and adjourned the matter to Sept 10.
Illegal detention case
Another SHC bench headed by Chief Justice Mushir Alam was on Thursday informed that cases were registered against four CID officials for allegedly keeping two persons in illegal detention and selling away their car.
The bench was seized with a petition regarding disappearance of the two brothers, Muhammad Nawaz and Punhal Khan.
The petition was filed by Inayat Ali, who informed the bench that the missing persons were his brothers and were actually detained by the CID police.
DIG A.D. Khwaja submitted an inquiry report saying that both the persons were illegally detained by CID officials, who also sold away their car.
The bench was informed that excise inspector Maqsood Ahmed, who had processed the car’s transfer, was still at large.
The inquiry found that the car belonged to Punhal Khan and was illegally transferred to a man, Salman Sadiq.
The court ordered serious action against the excise inspector.
It was stated that departmental proceedings against the CID officials had already been initiated.—PPI