HYDERABAD: A division bench of Sindh High Court Hyderabad on Thursday issued a notice to the provincial chief and irrigation secretaries to explain their position on the points raised in a petition regarding transfers and postings on own pay and scale (OPS) basis.

Comprising Justices Zafar Ahmed Rajput and Amjad Ali Sahito, the court directed the officers present at the hearing to furnish a detailed report regarding the subject contract work done at Rohri canal in question, including estimated amount of work executed and payment made to contractor, if any.

The court said a copy of the order should be sent to the chief secretary, irrigation secretary and Sindh additional accountant general (AAG) for compliance. The court has fixed the matter for Aug 12 at 11am.

The order was passed on a petition filed by M/s Sakhi Enterprises through its proprietor Abdul Rasheed Khuhro. The petitioner cited the CS, irrigation secretary, Sindh Public Procurement Regulatory Authority (SPPRA) managing director, Sukkur Barrage left bank canals chief engineer and several other irrigation officers of the Sindh irrigation department as respondents.

The petitioner is being represented by Riazat Ali Sahar advocate.

The Sindh AAG filed para-wise comments of irrigation officers which were taken on record.

Respondents asked to explain transfers, postings on OPS basis

Advocate Sahar contended that the respondent executive engineer of Hala division invited tenders against description of work with detail of cost/completion time through a Dec 18, 2019 notice. He said the petitioner submitted an application for bidding documents to participate in the process, but he was told the same was cancelled.

He said the entire process of tender was in violation of law and SPPRA rules as the contract of the tender was awarded to a man of choice.

He said Mukhtiar Ahmed Abro, superintending engineer (SE) (BS-19) Rohri canal circle of the Hyderabad irrigation department was transferred and a BS-18 officer, Niaz Ahmed Memon of Dadu division, Shaheed Benazirabad, was posted on OPS basis. Mr Memon was authorised to look after the day-to-day essential affairs as SE Rohri canal circle vide March 20 notification. Under April 22 notification, it was directed that he could not exercise powers of technical and financial matters, the petitioner said.

He added that the bidding process started and Khalid Jan Baloch, assistant executive engineer civil (BS-17), who was posted as XEN (BS-18) Naseer division on OPS, was assigned additional charge of the post of XEN (BS-18) Rohri canal division Hyderabad to complete “procurement committee” and he was nominated as member of the said committee.

He said officers of lower grade were posted illegally in violation of the apex court orders and after arranging all officers, a tender was invited and work was assigned to M/s Engr. M. Akram Shaikh Pvt Ltd.

He asked the court to stop the entire process and appoint transparent commission, comprising an honest, dedicated superintending engineer, chief engineers and XENs under supervision of an honest judicial officer.

The AAG submitted after completion of the entire process that the contract was awarded in accordance with law and then work order was issued. According to him, after issuance of the work order, the contractor had carried out work worth Rs45m at the site. Stating that the instant petition was not maintainable as no violation was made, he said the petition should be dismissed.

But the petitioner’s counsel said that no work was done at the site and the irrigation authorities and contractor misappropriated government funds.

The court noted that perusal of the notification dated March 20 issued by the secretary irrigation showed that a BS-19 officer, SE Rohri canal circle, was transferred and XEN Niaz Ahmed Memon was posted on OPS basis to carry out the day-to-day affairs. Then through the April 22 notification, the very officer was restrained from exercising powers of technical and financial nature.

The court referred to the record which reflects that XEN Naseer division Khalid Jan Baloch, on OPS basis, was assigned additional charge of the post of XEN Rohri canal division to complete procurement committee and he was nominated as member of the said committee.

The court observed that there appeared transfers of officers who could hold posts in accordance with the Sindh Civil Servants (appointment, promotion and transfer) Rules 1974, but in its contravention, postings of officers of lower grade were made on OPS basis. “This practice of appointment on OPS basis is not permissible in law in view of the SC order,” it said.

Published in Dawn, July 31st, 2020