KARACHI: The Sindh High Court has directed the chief secretary to review all reports of deputy commissioners dealing with social welfare funds of Rs50 million or above provided by oil and gas companies for those districts of Sindh producing natural gas.

A two-judge bench headed by Justice K. K. Agha also directed the chief secretary and his focal person to ensure that no embezzlement of the funds was made and if he found unsatisfactory any report of DCs after a careful review, he might initiate disciplinary proceedings against them or take any other action deemed appropriate in accordance with law.

The bench also ordered the chief secretary to make sure that the work in such districts be carried out in a timely manner using good quality material.

It further said that in future road construction and repairing should not be included in social welfare projects unless for exceptional reasons, which would be recorded in writing and road works to be carried out from the budget of the department concerned while the top priority to utilise social welfare funds should be on public hospitals, medical needs of local community, education, provision of potable water and parks.

The bench issued these directives while disposing of review applications against its earlier order passed last month in which it had ordered removal of the DC-Sujawal after finding his report about utilisation of such funds unsatisfactory and asked the chief secretary to replace him with a CSS officer.

The bench had remarked that there were weakness in utilisation and monitoring of such funds in the areas where PCS officers were posted as DCs. It said that the chief secretary must ensure that all the DCs dealing with Rs15 million and above funds were CSS officers.

However, the provincial authorities concerned and some individuals had filed applications seeking review of both the directives and the advocate general submitted that these two paragraphs were illegal and amounted to judicial overreach as the bench had entered into the domain of executive.

After hearing arguments and considering the record and particulars of the order under review, the bench observed that it had neither exercised suo motu powers nor passed any unrelated order that might amount to judicial overreach.

“Our orders flow from the obligation of this court to implement the Supreme Court order,” it added.

The bench further said it considered its role to be of implementing the apex court order in letter and spirit in an expeditious manner and passed the orders accordingly and not with the intention to enter into controversies, which may adversely affect the implementation of the SC order.

However, the bench slightly amended its earlier order by deleting the two directives about the removal of the DC-Sujawal and appointment of CCS officers as DCs and said that the remaining part of the April 12 order would remain in full force and effect.

It also issued fresh directives to the chief secretary including review of all the reports of DCs.

The bench was hearing a set of petitions regarding non-provision of gasification and welfare funds for locals despite the directives of the Supreme Court in December 2013.

In its last order the bench had also directed the director-audit petroleum and natural resources Karachi to carry out audit of all the social welfare funds provided to the DC-Sujawal and sought a report.

It may be recalled that earlier the same bench had directed the ministry of petroleum and natural resources to provide funds of Rs4.912 billion to the Sui Southern Gas Company Limited (SSGCL) for gasification of such villages in Sindh located within five kilometres of each exploration and production (E&P) site.

Published in Dawn, May 23rd, 2021