' Through this petition, the petitioners have challenged the appointment of the respondent No,4.
The respondent No,4 is as an officer in BPS-18 of Occupational Group of the Income Tax Department and has been posted on deputation as EDO (Finance, Planning and I.T) District Tando Muhammad Khan. It is pleaded in the petition that after the judgments of Divisional Bench of this Court in the case of Lal Khan v. Employee Old Age Benefit Institution and others reported in 2010 PLC (C.S.) 1377 which judgments were affirmed by the Honourable Supreme Court in Civil Petitions Nos 1272 to 1280 of 2010, the respondent No,4 who was ordered to be repatriated to the parent department, was retained again by the said government in defiance of the judgment of this Court and of the Honourable Supreme Court whereby the Sindh Government was directed to send back all such deputations. There were further allegations of misappropriation of public funds which the petitioners have pleaded against the respondent No,4 which includes the transfer of an amount of Rs,21 Cores of the District Government from NBP Tando Muhammad to MCB Qasimabad Branch and to Silk Bank Hyderabad Branch. The petitioners have prayed for the following relief:--
(a) It is, therefore, prayed that this honourable Court may kindly be pleased to direct the respondents Nos.1 to 3 to repatriate immediately the respondent No,4 to his parent department thereby saving District Tando Muhammad Khan from further mischief continued at his hands.
(b) That, this honourable Court may also be pleased to order conducting enquiry against the respondent No,4 under Sindh Inquiries and Anti-Corruption Rules, 1993 by Anti-Corruption Establishment and thereupon register a case against him for causing monitory losses to Government Ex-checker by respondent No,4 being public servant.
(c) That, by a prohibition order respondent No,4 may be restrained not to continue his official duties as E.D.O till pending decision of the petition.
(d) Any other relief(s), which this honourable Court deem, fit and proper is granted.
2. We have issued notices to the respondents as well as to Addl. A.-G. And the respondents' have filed their comments. We have also required respondent No,4 and the Secretary Services to be in attendance by our order dated 3-11-2010. The respondent No,4 admitted before us that he is from Income Tax Group and has been posted as EDO Finance in District Tando Muhammad Khan on deputation since 5-1-2007 in BPS-19 on his own pay and scale and his period of deputation has now been extended to another term of 3 years. We inquired from the respondent No,4 as to whether he had any expertise as far as the District Management and its finances were concerned, he conceded before this court that he has neither the experience of budgeting nor planning nor allocation of budget in a district. We have also put few questions to him to evaluate his competence in District Management but we noticed that he did not have sound knowledge nor he was aware of the financial rules regarding District Management. All these facts were noticed by us in our order dated 3-11-2010 and therefore we on 24-11-2010 issued notices to Secretary Services and the Chief Secretary calling upon them to justify the period of deputation of the respondent No,4 as EDO Tando Muhammad Khan on 24-11-2010. The Secretary Services Government of Sindh had put an appearance and informed us that respondent No,4 has been relieved from the office of EDO Finance and Planning Tando Muhammad Khan to join his parents department and the amounts of the District government which were transferred by him to two banks in Hyderabad were deposited back in National Bank Tando Muhammad Branch.
3. On our inquiry from Secretary Services as to how many officers after the aforesaid judgment are continuing. We were informed that against various cadre posts non cadre Officers are working, the breakup of which is as under:--
(a) BPS-20: 5
(b) BPS-19: 8
(c) BPS-18: 14
(d) BPS-17: 7 Total 34 ' In addition, 118 non-cadre officers of other (Provincial Services) are working on cadre posts on various Secretariat/ filed assignments as per following breakup:---
(a) BPS-20: 7
(b) BPS-19: 21
(c) BPS-18: 33
(d) BPS-17: 57 Total 118
4. The Secretary Services on our direction has also placed the lists of the officers of the Federal Government and or of the Sindh Government and or of the autonomous bodies who were serving in Sindh Government either on deputation or on out of cadre transfer to the cadre posts as the judgment of this Court referred to hereinabove had clearly held that the competent authority in law, can neither transfer any civil servant out of cadre nor could it absorb or induct any civil servant to any other cadre within the province. It was also held by this Court in the said judgment that deputations from Federal Government have no vested right to continue and or to complete the period of deputation and can be repatriated to their parent department at any time. It was further directed by this Court in the said judgment that the entire deputations who were posted in Sindh be repatriated except in exigencies. The findings in the said judgments were affirmed by honourable Supreme Court in the above referred case. In the face of these the Sindh Government neither repatriated the Federal Government officials nor transferred back the officers within the province, who were posted out of the cadre to cadre posts. We have perused the list of the officers on deputation and we are shocked to see how these officers of Federal Government and the Provincial Government on account of their connections got lucrative postings of their own choice in the Sindh Government in violation of the provisions of Sindh Civil Servants Act and the Rules framed there under. The directives contained in the aforesaid judgments have not been complied with. We have examined the case of each and every officer named in the lists with the assistance of Secretary Services and we find none of them is either eligible or qualify to hold cadre postings either on deputation and or on transfer. The lists of officers placed before this Court by Secretary Services is reproduced as under:--- LIST OF NON-CADRE OFFICERS WORKING AGAINST CADRE POSTS IN GOVERNMENT OF SINDH (SGA & CD)
(BS-20)
Total Number of Non-Cadre Officers working against Cadre posts12Total Number of Cadre Officers available for posting07 Federal Group 05 Provincial Group 07 (BS-19)
Total Number of Non-Cadre Officers working against Cadre posts29Total Number of Cadre Officers available for posting26 Federal Group 08 Provincial Group 21 (BS-18)
Total Number of Non-Cadre Officers working against Cadre posts47Total Number of Cadre Officers available for posting18 Federal Group 14 Provincial Group 33 (BS-17)
Total Number of Non-Cadre Officers working against Cadre posts64Total Number of Cadre Officers available for posting10 Federal Group 07 LIST OF OFFICERS OF FEDERAL SERVICES (OTHER THAN APUG) WORKING AGAINST CADRE POSTS OF BS-20 As on 12-12-2010 S.No.NAME OF OFFICER PRESENT POSTDATE OF POSTING 1.Mr. Ali Ahmed Lund, an officer of Trade and Commerce GroupDistrict Coordination Officer, Tando Muhammad Khan8-4-2010 2.Mr. Wahid Bux Mahar an Officer of Pakistan Audit and Accounts ServiceDirector General, Provincial Ombudsman Secretariat21-10-2009 3.Mr. Ghufran Memon, an officer of Pakistan Audit and Accounts Service (BS-19)Special Secretary, Home Department30-6-2010 4.Mr. Najam-ul-Saqib Siddiqui an officer of Pakistan Audit and Accounts Service (BS-20)Special Secretary, Finance Department4-7-2009 5.Dr. Atta M. Panhwar, an officer of Alternative Energy Development Board (AEDB) (BS-20),Special Secretary (Implementation), Chief9-8-2010 Ministry of Water and power Minister's Secretariat LIST OF OFFICERS OF PROVINCIAL GOVERNMENT WORKING AGAINST CADRE POSTS OF BS-20 As on 12-12-2010 S.No.NAME OF OFFICER PRESENT POSTDATE OF POSTING 1.Mr. Ameerzada Kohati, retired officer of Local Govt. Deptt.Director General, Malir Development Authority7-4-2006 2.Mr. Irshad Ahmed Ansari, an officer of Agriculture Department (BS-19)Director General, Sindh Katchi Abadies Authority (OPS)23-11-2010 3.Dr. Sikandar Ali Panhwar, an officer of SCUG Service (BS-20)Director General, Culture Sindh 2-8-2010 4.Mr. Abdul Nabi Memon, an officer of Mines and Mineral (BS-19)Director General, Mines and Mineral Development (OPS)
5.Mr. Agha Maqsood Abbas an officer of K.B.C.A. (BS-19)Director General, Lyari Development Authority (OPS).
6.Mr. Abdul Majeed Pathan, an officer of Excise and Taxation Department (BS-19)DCO, Umerkot (OPS) 28-10-2010 7.Dr. Noor-ul-Haq, An officer of Education and Literacy Department (BS-20)Special Secretary, Planning and Development Department9-2-2010 LIST OF OFFICERS OF FEDERAL SERVICES (OTHER THAN APUG) WORKING AGAINST CADRE POSTS OF BS-19 As on 12-12-2012 S.No.NAME OF OFFICER PRESENT POSTDATE OF POSTING 1.Ms. Naila Wajid an officer of Audit and Accounts,Service(BS-19)E.D.O. (F&P) C.D.G.K. 31-8-2005 2.Mr. Mehmood Hassan an officer of Pakistan Railways (BS-19)Director, Provincial Ombudsman Secretariat5-3-2009 3.Mr. Rafco Bashir Shah an officer of Commerce andTradeGroup(BS-19)Additional Secretary, Finance Department1-12-2008 4.Mr. Imtiaz Ali Solangi, an office of Income Tax Group (BS-19)Additional Secretary (Housing), Local Government Department4-6-2010 5.Syed Syedain Raza Zaidi, an officer of IncomeTaxGroup(BS-19)Additional Secretary (I&C), SGA & CD23-8-2010 6.Mr. Naimatullah Shaikh, an officer of Pakistan Audit and Accounts Service (BS-19)Secretary, Sindh Privatization Commission, Karachi22-3-2010 7.Mr. Abdul Latif Soomro an officer of Pakistan Audit and Accounts Service (BS-19)Additional Secretary, Education and Literacy Department2-11-2010 8.Mr. Abdul Rehman Bullo an officer of Income Tax (BS-19)Awaiting posting LIST OF OFFICERS OF PROVINCIAL GOVERNMENT WORKING AGAINST CADRE POSTS OF BS-19 As on 12-12-2012 S.No.NAME OF OFFICER PRESENT POSTDATE OF POSTING 1.Mr. Ashfaq Ahmed Qadri, an officer of Women Development Department (BS-19)Additional Secretary (Endowment Fund), Education and Literacy Department27-1-2010 2.Dr. Suresh Kumar, an officer of Health Department (BS-20)Additional Secretary (Development)
Health Department-II7-7-2010 3.Mr. Manzoor Ahmed Kanasro, an officer of Culture and Tourism Department (BS-19)Chief Administrator Auqaf 29-4-2010 4.Mr. Abdul Hayee Dhamrah, an officer of Excise and Taxation Department (BS-19)Managing Director, Sindh Small Industries Corporation15-6-2010 5.Mr. Javed Ahmed Junejo, an officer of SCUG Service (BS-19)EDO (F&P) Hyderabad 4-5-2010 6.Mr. Farooq Ahmed Mahessar, an officer of Finance (BS -19)EDO (F&P) Nawabshah 8-3-2008 7.Mr. Abdul Nabi Thaheem, an officer of P&D Department (BS-19)EDO (F&P) Jacobabad 8.Syed Fazil Shah Kazim, an officer of P&D Department (BS-19)EDO (F&P) Tando Allahyar 25-5-2010 9.Mr.Ghulam Muhammad, an officer of P&D Department (BS-19) MultanEDO (F&P) Matiari 1-9-2009 10.Mr, Abdul Razzak Ghanghro, an officer of CDGK (BS-19)EDO (CDD) Thatta 24-2-2009 11.Mr. Qurban Ali Memon, an officer of Sindh Small Industries (BS-19)EDO (CDD) Matiari 13-8-2008 12.Ms. Rehana Faiz, an officerofCDGK(BS-19)EDO (CDD) Karachi 13.Mr. Gul Hassan Sand, an officer of Agriculture Department (BS-19)EDO (I.T.) Matiari 14.Mr. Mazhar Ali Siddiqui, an officer of E&L,Department(BS-19)Secretary-cum-Director (IT), B.O.R 4-6-2010 15.Mrs. Fakhar Karim Siddiqui, an officer of E&LDepratment(BS-20)Member, CMIT 27-7-2010 16.Dr. Nusrat Ali Panhwar, an officer of SCUG Service (BS-19)Secretary/Member, Provincial Election Authority10-8-2009 17.Mr. Naveed Zarar, an officer of W&S Department (BS-19)Managing Director, Sindh Cooperative Housing Authority (newly created)18-3-2010 18.Mr. Imdad Memon, an officer of Agriculture Department (BS-19)Director (Admn and Accounts), Agriculture Engineering, Agriculture Department (Newly created)
19.Dr. Tasleem Sikander, an officer of Local Government Department (BS-19)Member, CMIET26-11- 2000 20.Mr. Shoaib Muhammad Khan, an officer of City District Government, Karachi (BS-19)Additional Secretary, Transport, Department11-8-2010 21.Mr. Talib Hussain Magsi, an officer of Local Government Department, Government of Balochistan (BS-19)Director, Food Sindh 5-10-2010 IST OF OFFICERS OF BS-18 OF FEDERAL GROUPS (OTHER AN APUG) WORKING AGAINST CADRE POSTS OF SGA&CD S.No.Name of officers Present postingDate of posting 1.Mr. Naib Ali Pathan, an officer of Income Tax Group (BS-1 8).Executive District Officer (Finance and Planning)
Larkana (OPS)27-7- 2010 2.Mr. Atif Aziz, an officer of Commerce andTradeGroup(BS-18)Deputy Secretary, Finance Department14-11- 2008 3.Mr. Tariq Ali Shah, an officer Pakistan Audit and Accounts Service (BS-18)Deputy Secretary, Finance Department1-9- 2007 4.Mr. Saqib Bashir, an officer of Pakistan and Audit and Accounts Service (BS-18).Deputy Secretary (B&A), SGA&CD.27-5- 2010 5.Mr. Shah Faisal, an officer of Audit and AccountsService(BS-18)DeputySecretary(BS-18), Finance Department19-10- 2010 6.Mr. Altaf Ahmed Shaikh, an officer of Pakistan Audit and AccountsService(BS-18)Awaiting posting19-10- 2010 7.Mr. Amjad Ali Gil, an officer of Pakistan Audit and Accounts Services (BS-18)Deputy Secretary, Home Department5-5- 2010 8.Mr. Shahzad Ali Khan, an officer of Pakistan Audit and Account Service (BS-18),Deputy Secretary (BS-18) E&ACE.16-8- 2010 9.Mr. Kamran Ali Hashmi, an officer of Pakistan Audit and AccountService(BS- 18),His services were placed at the disposal of Finance Department for further posting as Deputy Secretary (BS-18).25-8- 2010 10.Mr. Rasheed Ahmed Kalwar, an officer of Pakistan Audit and Accounts (BS-18)DeputySecretary(BS-18), Excise and Taxation Department4-11- 2010 11.Ms. Shahina Ahmed, DeputySecretary(BS-18), Women Development Department, Government of Balochistan, Quetta.Her services placed at the disposal of Women Development Department, Government of Sindh, on deputation basis, initially for a period of 03 three years, for further posting as DeputySecretary(BS-18).23-8- 2010 12.Mr. Javed Ahmed, an officer of Military Engineering Service (BS-18).E,D.O. (Finance and Planning), Umerkot (OPS).14-3- 2009 13.Mr. Shahid Hussain Mahessar, Deputy Director (BS-18), Intelligence Bureau.His services were placed at the disposal of the PPO SindhAugust, 2009 14.Mr. Jawaid Ahmed Khan, Deputy Director (BS-18), National Bureau.His services were placed at the Disposal of Enquiries and Anti-Corruption Establishment, Sindh.1-2-2010
14. Mr. Jawaid Ahmed Khan, Deputy Director His services were placed at the Disposal of 1-2-2010 (BS-18), National Enquiries and Anti- Bureau. Corruption Establishment, Sindh.
T OF OFFICERS OF PROVINCIAL GOVERNMENT (BS-18) ORKING AGAINST CADRE POSTS OF BS-18, SGA&CD As on 12-12-2010 S.No.Name of officers Present postingDate of posting 1.Mr. Saeed Ahmed Mahesar, Surplus Pool employee (BS-18), SGA&CD.DeputySecretary(BS-18), Works and Services Department.22-10- 2008 2.Mr. Imdad Ali Soomro, Population Welfare Officer (BS-18), Population Welfare DepartmentDeputySecretary(BS-18), Chief Minister's Secretariat25-4- 2008 3.Dr. Jamaluddin Shaikh, Senior Medical Officer (BS- 18), Health DepartmentDeputySecretary(BS-18), Health Department.6-11- 2008 4.Syed Javed Ali Shah, Senior Medico Legal Officer (BS-18), Health DepartmentDeputySecretary(BS-18), Home Department20-9- 2008 5.Mr. Aftab Alam, Soft Engineer (BS- 18), Information Technology DepartmentDeputySecretary(BS-18), Excise and Taxation Department1-11- 2008 6.Dr. Abdul Qadir Siddiqui, Additional Medical Superintendent (BS-18), Civil Hospital KarachiDeputySecretary(BS-18), Public Safety and Police Complaint Commission6-11- 2008 7.Mr. Aftab Ahmed Mahar,anofficerof BS-18, Provincial Assembly SindhDeputySecretary(BS-18), Auqaf, Zakat and Ushr Department,7-11- 2009 8.Dr. Shabnam Karim, Senior Medical Officer (BS-18) Health DepartmentDeputySecretary(BS-18), Finance Department 9.Mr. Khair Muhammad Gaho, an officer of Provincial Assembly Sindh (BS-18)DeputySecretary(BS-18), Inter Provincial Coordination Department28-1- 2010 10.Mr. Dilawar Ali Mangi, DeputyDirector(BS-18), P&D, Education and Literacy DepartmentDeputySecretary(BS-18), Finance Department12-10- 2009 11.Mr. Ayaz Memon, Assistant Chief (BS-18), Planning and Development DepartmentDeputySecretary(BS-18), Chief Minister Secretariat Sindh7-10- 2009 12.Mr. Farooq Ahmed Siddiqui, District Officer (BS-18), Local Government DepartmentDeputySecretary(BS-18), Local Government Department12-4- 2010 13.Mr. Athar Ali Awan, an Officer of (BS-18) Home Department.DeputySecretary(BS-18), Home Department23-7- 2010 14Ms. Musarat Jabeen, DeputyDirector(BS-18), Women Development DepartmentDeputySecretary(BS-18), Women Development Department16-7- 2010 15Dr. Abdul Ghaffar, Assistant Research Officer (BS-18), Fisheries and Livestock DepartmentDeputySecretary(BS-18), Fisheries and Livestock Department5-8- 2010 16Mrs. Marium Ibrahim, DeputyDirector(BS-18), Social Welfare Department.DeputySecretary(BS-18), Social. Welfare Department11-8- 2010 17Mr. Muhammad Hussain Soomro, Assistant Professor (BS-18), Education and Literacy DepartmentDeputySecretary(BS-18), Education and Literacy Department13-8- 2010 18Mr. Abdul Samad Channa, Senior AccountsOfficer(BS-18), Auqaf Religious Affairs Zakat and Ushr DepartmentDeputySecretary(BS-18), Board of Investment, Govt. of Sindh, Karachi26-8- 2010 19Mr. Zulfikar Ali Dahot, an officer of Education and Literacy Department (BS-18)DeputySecretary(BS-18), Chief Minister's Secretariat, Karachi7-1- 2008 20Mr. Imran Hussain Jafri, System Anaylist (BS-18), Law DepartmentDeputySecretary(BS-18), Chief Minster's Secretariat, Karachi.29-11- 2010 21Mr. Shahabuddin Memon, an officer of Population Welfare Department (BS-18)District Officer (Finance) Tharparkar @ Mithi6-1- 2009 22Mr. Asadullah Balochand officer of BS-18, Food DepartmentVigilance Officer, Food Department4-8- 2009 23Mr. Abdul Haq Abro, an officer of (BS-18), Education and Literacy DepartmentSecretary, Local Government Board21-9- 2010 24Mr. Nasir Siddiqui, an officer of BS- 18 of Tando Jam AcademyDirector (Admn: and Co-ord), Local Government Commission 25Ms. Shahina Ahmed, DeputySecretary(BS-18), Women Development Department, Govt. of Balochistan, QuettaHer services placed at the disposal of Women Development Department, Government of Sindh, on deputation basis, initially for a period of 03 three years, for further posting as Deputy Secretary (BS-18)23-8- 2010 26Mr. Muhammad Ali Mangrio, Assistant Professor (BS-18), Education DepartmentDeputySecretary(BS-18), Education and Literacy Department.11-10- 2006 27Mr. Rafiq Ahmed Sehto, Sr.
Instructor (BS-18), STEVTADeputySecretary(BS-18), Education and Literacy Department.15-11- 2008 28Mr. Ahmed Bux Bhutto, AssistantProfessor (BS-18), Education DepartmentDeputySecretary(BS-18), Education and Literacy Department.11-10- 2006 29Dr. Nadeem Akhtar Shaikh, (BS-18).DeputySecretary(BS-18), Health Department.12-2- 2007 30Dr. Muhammad Akhtar Khan, (BS- 18).DeputySecretary(BS-18), Health Department1-12- 2005 31Dr. Insaf Ahmed Magsi, (BS-18) DeputySecretary(BS-18), Health Department.16-4- 2008 32Mr. Faheem Akhtar Junejo,anofficerof BS-18, HDADeputySecretary(BS-18), HTP, Local Government Deptt.22-1- 2009 33Mr. Zulfiqar Ali Lakho, an officer of BS-18, Population Welfare Department.Deputy Secretary, Population Welfare Department.2-8- 2010 LIST OF OFFICERS OF BS-17 OF FEDERAL GROUPS (OTHER THAN APUG) WORKING AGAINST CADRE POSTS OF SGA&CD As on 12-12-2010 S.No.Name of officers Present postingDate of posting 1.Mr. Adeel Ahmed Shah, an officer of Income Tax Group (BS-17).District Officer (Finance), Matiari (OPS).30-9- 2010 2.Mr. Ghulam Hussain Jatoi, an officer of Income Tax Group (BS-17)Awaiting posting22-11- 2010 3.Mr. Rasheed Ahmed Sehto, Senior Teacher (BS-17), Ministry of Social Welfare and Special Education.Section Officer (BS-17) Agriculture Department31-3- 2009 4.Mr. Sheeraz Asghar, Assistant General Manager (BS-17), Pakistan Electronic Media Regulatory AuthorityHis services were placed at the disposal of PPO, Sindh, Karachi. The Sindh High Court has granted status quo in his case.20-8- 2008 5.Mr. Zameer Ahmed Abbasi, Assistant Director (BS-17)
National Accountability BureauHis services were placed at the disposal of PPO, Sindh, Karachi.30-12- 2008 6.Mr. Faisal Mukhtiar Wakasi Assistant Director (BS-17)
National Accountability BureauHis services were placed at the disposal of PPO, Sindh, Karachi. However, he proceeded abroad for two years Masters Program under Fulbright Scholarship, Americaw.e.f. 15-8-2009, vide PPO Sindh's Notification dated 7-7-2009 7.Mr. Imran Ali Mangrio, Assistant Director (BS-17), National Accountability Bureau.Section Officer (BS-17), Home Department6-2- 2009 LIST OF OFFICERS OF PROVINCIAL GOVERNMENT (BS-17) WORKING AGAINST CADRE POSTS OF BS-17, SGA&CD As on 12.12.2010 S.No.Name of officers Present postingDate of posting 1.Mr. Muhammad Bux Jarwar, an officer of Local Government Commission (BS-17)Section Officer (BS-17), Chief Minister's Secretariat9-10- 2004 2.Mr. Zahid Akhund, Superintendent (BS-16), Directorate of Culture and Tourism.Section Officer (BS-17) on officiating basis, Environment and Alternate Energy Department.8-3- 2008 3.Mr. Mir Muhammad Channa, Data ProcessingOfficer (BS-16), SGA&CDSection Officer (BS-17), on officiating basis Local Government Department7-10- 2010 4.Mr. Abdul Azeem, Accounts Officer (BS-17), Education and Literacy DepartmentSection Officer (BS-17), Education and Literacy Department11-6- 2008 5.Mr. Allah Bachayo Memon, Subject Specialist (BS- 17), Education and Literacy DepartmentSection Officer (BS-17), Education and Literacy Department21-8- 2008 6.Mr. Ghulam Hyder Mirjat, Mobility Teacher (BS-17), Special Education DepartmentSection Officer(BS-17), Special Education Department7-8- 2008 7.Mr. Iqbal Ahmed Jumani,Lecturer(BS-17), Education and Literacy DepartmentSection Officer (BS-17), Finance Department1-10-2010 8.Mr. Abdul Najeeb Ghouri,Instructor(BS-17), Education and Literacy DepartmentSection Officer (BS-17), Education and Literacy Department14-4- 2009 9.Mr. Zaheer Hussain Memon, Lecturer (BS-17), Education andLiteracy DepartmentSection Officer (BS-17), Education and Literacy Department30-10- 2010 10.Mr. Ishtiaque Ahmed Bhutto, Lecturer (BS-17), Education and Literacy DepartmentSection Officer (BS-17), Education and Literacy Department22-2- 2010 11.Mr. Shafqat Hussain Hoti, Subject Specialist (BS-17), Education and Literacy DepartmentSection Officer (BS-17), Education and Literacy Department29-4- 2010 12.Mr. Habibullah Rind, AssistantSecretary(B-17), Provincial Sindh AssemblySection Officer (BS-17), Education and Literacy Department24-5- 2010 13.Mr. Naveed Shoukat Rajput, Instructor (BS-17), Local GovernmentSection Officer (BS-17), Finance Department10-8- 2008 14.Mr. Abdul Rehman, AssistantRegistrar (BS-17), Cooperation DepartmentSection Officer (BS-17), Cooperation Department14-9- 2010 15.Mrs. Sarwat Jahan, Data Processing Officer (BS-16), SGA&CDSection Officer (BS-17), on Officiating basis, Information Technology Department10-9- 2008 16.Mr. Absar Ahmed Khan, Program Officer (BS-17), Information Technology DepartmentSection Officer (BS-17), Information Technology10-7- 2008 Department 17,Dr. Waseem Akhtar, MedicalOfficer(BS-17), Health DepartmentSection Officer (BS-17), Health Department3-12- 2008 18.Dr. Abdul Aziz Memon, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department,3-12- 2005 19.Dr. Ali Asghar Kandhro, Residential MedicalOfficer(BS-17), Health DepartmentSection Officer (BS-17), Health Department21-10- 2008 20.Dr. Sikandar Ali Memon, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department3-12- 2005 21.Dr. Sanje Kumar, Medical Officer (BS-17) Health Department.Section Officer (BS-17), Health Department26-3- 2009 22.Dr. Saeed Ahmed Bhutto, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department4-7- 2009 23.Dr. Hafeez-ur-Rehman, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department18-9- 2009 24.Dr. Pir Ghulam Ali Shah, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department4-8- 2009 25.Dr. Imtiaz Ahmed Panhwar, Medical Officer (BS-17), Health DepartmentSection Officer (BS-17), Health Department17-8- 2009 26.Mr. Muhammad Shahbaz, Assistant Engineer (BS- 17), Irrigation and Power DepartmentSection Officer (BS-17), Irrigation and Power Department.7-6- 2006 27.Muhammad Ramzan Choohan Data ProceedingOfficer (BS-16), SGA & CDSection Officer (BS-17), on officiating basis, Local Government Department21-7-2010 28.Rafiq Ahmed Samejo Assistant Director (BS-17), Agriculture DepartmentSection Officer (BS-17), Inter Provincial Coordination Department25-2- 2008 29.Syed Imtiaz Ali AccountOfficer(BS-17), Local Government DepartmentSection Officer (BS-17), Public Health Engineering Department.9-8- 2008 30.Mr. Naeem Khan, Administrative Officer (BS-17), Education and Literacy DepartmentSection Officer (BS-17), Health Department1-4-2010 31.Mrs. Faiza Nagori, Headmistress (BS-17), Education DepartmentSection Officer (BS-17), Board of Investment30-9- 2009 32.Dr. Ghulam Hussain Brohi, Medical Officer (BS-17), Health DepartmentSection Officer, Antiquities Department1-6-2010 33.Mr. Sajid Anwar Seehar, Assistant Director (BS-17), Information Technology DepartmentSection Officer (BS-17), Irrigationand Power Department15-10- 2010 34.Mr. Asim Karim, AssistantDirector (BS-17), Directorate of Fisheries, LivestockandFisheries DepartmentSection Officer (BS-17), Home Department10-2- 2010 35.Mr. Bashir Ahmed Memon, Assistant Solicitor (BS- 17), Law DepartmentSection Officer, (BS-17), Law Department26-4- 2010 36.Mr. Zulfikar Ali Rind, AssistantSecretary (BS-17), Provincial Assembly Sindh.Section Officer (BS-17), Livestockand Fisheries Department2-9-2010 37.Mr. Muhammad Aslam Memon, Assistant Controller, Sindh Public Service CommissionSection Officer (BS-17), Women Development Department24-2- 2007 38.Mr. Hafeezullah Mahar, Lecturer (BS-17), EducationandLiteracy DepartmentSection Officer (BS-17), Planning and Development Department8-7-2010 39.Dr. Tariq Shaikh MedicalOfficer(BS-17), Health DepartmentSection Officer (BS-17), SGA&C Department 40.Ms. Nusrat Begum, Superintendent (BS-16), Educationand Literacy DepartmentSection Officer (BS-17), on officiating basis, SGA&C Department8-1-2010 41.Mr. Ghulam Shabbir Pirzada, Accounts Officer (BS- 17), office of DG, Livestock Sindh HyderabadSection Officer (BS-17), Livestockand Fisheries Department25-3- 2010 42.Mr. Manzoor Ali Choohan, Subject Specialist (BS- 17), Education and Literacy DepartmentSection Officer (BS-17), Special Education Department.8-11-2010 43.Mr. Maqsood Ahmed Soomro, Assistant Director (BS-17), Rural Development DepartmentSection Officer (BS-17), Public Health Engineering Department3-11-2010 44.Mr. Mazahr Ali Mangi, Agriculture Officer (BS-17)Section Officer (BS-17), Chief Minister's Secretariat23-11- 2010 45.Mr. Abdul Sattar Soomro, an officer of (BS-17) office of the EDO (F&P) TharparkarDDO (Coord) DCO Office, Jamshoro,25-3- 2010 46.Mr. Mukhtiar Ahmed, Lecturer (BS-17), Education and Literacy DepartmentDDO(GA and CM) D.C.O. Office, Sukkur29-9- 2008 47.Mr. Zahid Hussain Soomoro, Subject Specialist (BS- 17), Education and Literacy DepartmentDDO (Coord) DCO Office, Shikarpur.29-9- 2010 48.Mr. Saeed Akbar Mahar, an officer of (BS-17), SUCG Service, Local Government DepartmentD.D.O (Coord), D.C.O Secretariat, Kamber Shahdadkot4-10- 2010 49.Mr. Muhammad Saleem Jahangir, an officer of BS- 17, Home Department.Section Officer, Local Government.01-11- 2004 50.Mr. Kamran Siyal, Lecturer (BS-17), Education and Literacy DepartmentD.D.O. (HRM), D.C.O Secretariat, Khairpur10-11- 2010 51.Mr. Muhammad Sajid Shah, Accounts Officer (BS- 17), Directorate of Sindh Onfarm Water Management Project, Sindh, Agriculture DepartmentD.O. (Finance), Tando Muhammad Khan (OPS)12-4- 2008 52.Mr. AbdulRazak Baloch Assistant Director (BS-17), Sindh Tourism Development Corporation.Section officer (BS-17), Culture and Tourism Department.7-9- 2009 53.Dr.ZafarMehdi,(BS-17)Section officer, Health Department.14-7- 2010 54.Dr. Altaf Hussain Shaikh, (BS-17)Section Officer, Health Department.26-11- 2007 55.Dr. Saqib Ali Shaikh, (BS-17)Section Officer, Health Department.3-11- 2009 56.Mazhar Muhammad Khan, Protocol Officer (BS-17), Government of Punjab.Section Officer, Industries Department17-6- 2008 57.Mr. Aijaz Ahmed Shaikh, Assistant Director (BS-17), Culture Department.Section Officer (BS-17), Antiquities Department25-6- 2007 LIST OF NON CADRE OFFICERS WORKING ON DEPUTATION AGAINST CADRE POSTS OF THE DEPARTMENTS As on 13-12-2010 S. No.NAME OF OFFICER WITH DESIGNA-TION AND BPSPARENT DEPARTMENTPRESENT POSTING IN DEPTT/ORGANI- ZATIONDATE OF JOININGREMARKS 1.Mr. Lal Khan Jatoi, Assistant Director (BS-17)Employees Old Age Benefit Institution.'Deputy Director Food (BS-18), Food Deptt.31-7- 2007Deputation was for 02 years. His deputation was cancelled. However he has been allowed to work upto 15-12-2010 as per order of Hon'ble High Court.
2.Mr. Gul Muhammad, Deputy Director (BS-18)Karachi Water and Sewerage Board, KarachiDeputy Director Food (BS-l8), HydHis deputation was cancelled. However he has been allowed to work upto 15-12-2010 as per order of Hon'bleHigh Court 3.Mr. Sarfraz Ahmed Tunio, Engineer G-IllSui Southern Gas Company Ltd.Deputy Director Food.2-3- 2009Deputation was for 02 years. His deputation was cancelled. However he has been allowed to work upto 15-12-2010 as per order of Hon'ble High Court.
4.Mr. Zaheer Abid Memon, Deputy Director (BS-18)Sindh Coal AuthorityDeputy Director/Sr.
ETO-IV Commercial Wing, Excise and Taxation14-10- 2009 5.Dr. Jai Ram Das, SMO (BS-18).Health Department.Deputy Director/Sr.
Excise and Taxation Officer, District South Karachi.6-8- 2008 6.Dr. Ayaz Ali Memon, M.O. (BS-17).Health Department.Excise and Taxation Officer, Excise and Taxation Department24-6- 2009 7.Mr. Ghulam Hussain Dharejo, DDO (BS- 17)Agriculture Extension Wing.Excise and Taxation Officer, Ghotki17-12- 2009 8.Mr. Muhammad Asad Abro, Planning Officer(BS-17).Local Govt.
Department.Excise and Taxation Officer, Karachi.10-3- 2010 9.Mrs. Anees Fatima, Social Welfare Officer(BS-17)Social Welfare DepartmentExcise and Taxatoin Officer, Karachi (awaiting positing)16-11- 2010 10.Mr. Muhammad Ramzan, HST (BS- 16)Education and Literacy DepartmentAssistant Excise and Taxation Officer, Tando Allahyar (looking after the charge of ETO).9-9- 2009 11.Raja Nadeem Soomro, Information Officer(BS-17)Local Govt.
DepartmentExcise and Taxation Officer, Karachi23-2- 2010 12.Mr. Ahmed Hussain Solangi, an officer of PSS (BS-18)SGA&CDDirector, Excise and Taxation Sukkur.6-7- 2009 13.Mr. Nadeem Ahmed Abro, an officer of DMG (BS-18)SGA&CDDirector, Excise and Taxatoin Larkana9-6- 2010 14.Mr. Ashraf Ali Jumani, AXEN (Mechanical) (BS- 17)Irrigation and Power DepartmentSecretary, P.T.A., Sindh, Karachi.11-10- 2007 15.Mr. Sofan Shah, HST (BS-17)Education and Literacy Department.Secretary, District Regional Transport Authority, Sukkur.6-5- 2008 16.Mr. Bashir Ahmed Mirjat, Computer Operator(BS-16)NPIW, Agriculture Deptt.Secretary, DRTA, Bdin18-5- 2010 17.Mr. Ali Raza Shaikh, Assistant Prosecutor (BS-17)Law DepartmentSecretary, DRTA, N.
Feroze8-2- 2010 18.Mr. Muhammad Yousuf, APS (BS-16)SGA & CD.Secretary, DRTA, Karachi.28-9- 2010 19.Mr. Manzoor Ahmed Abro, Asstt. Director (BS-17).Livestock and Fisheries Department.Local Govt. Support Officer (BS-17) Local Govt. Deptt.19-5- 2008 20.Dr. Fahmida Baloch, WMO (BS-17)Health Department, Govt. of Sindh.Deputy Director (PLGC), Local Government Department14-6- 2008 21.Dr. Muhammad Khan, M.O. (BS-17)Health Depratment.District Officer (M&E)
Ghotki, Local Govt.
Department.2-12- 2008 22.Agha Waqar Durani, Lecturer(BS-17)Education and Literacy Department.District Officer (M&E), Jacobabad, Local Govt. Department9-8- 2009 23.Mr.Amanullah Jakhro, Senior Teacher(BS-17)Ministry of Social Welfare and Special Education, Govt. of Pak.Taluka Officer (Finance), T.M.A.
Jacobabad, Local Govt. Department.5-5- 2008 24.Mr. Notan, Lecturer(BS-17)Education and Literacy Department.T.M.O., TMA, Pano Akil Local Govt.
Department.26-11- 2008 25.Mr. Ghulam Akbar Junejo, Research Officer (BS-17)S.M.H. Laboratory, Irrigation and Power Department.District Officer (M&E), Mirpurkhas, Local Govt. Deptt.16-7- 2009 26.Mr. Zeeshan Mazhar, Social Welfare Officer(BS-17)Ministry of Social Welfare and Special Education.Deputy Director (Estt.
GA) Provincial Local Government Commission, Karachi.30-4- 2009 27.Mr. Jawaid Kibria Koondhar, Assistant Engineer(BS-17).Rural Development Department.Taluka Officer (I&S), TMA, Daulatpur, Local Govt. Department4-11- 2009He has been repatriated on19-11-2009 but continuing as T.O. (I&S)
TMA Daulatpur in view of status granted by honourable High Court in C.P. No.2595 of 2009 dated 3-12-2009.
28.Dr. Muhammad Khan Shar (BS-17).Health DepartmentDistrict Officer, M&E, Ghotki, Local Govt.
Deptt.2-9- 2010 29.Mr. Aijaz Ahmed Panhwar (BS-17)Education DepartmentDistrict Officer, M&E, Dadu, Local Govt.
Deptt.28-7- 2009 30.Mr. Hfaeezullah Prizada, H.S.T. (BS- 17)Education DepartmentDistrict Officer, M&E, Larkana, Local Govt.
Department.16-6- 2010 31.Agha Waqar Pathan (BS-17)Education DepartmentDistrict Officer, M&E, Jacobabad, Local Govt. Department.13-8- 2010 32.Mrs. Noushab Khan (BS-18)Sindh Civil Services Academy, Tandojam.Director-II, Local Govt. Department18-8- 1999 33.Mr. Masroor MemonAn officer of SCUG ServiceDirector General, M&E, Local Government Deptt.
34.Mr. Mumtaz Ali, H.S.T.
(BS-16)Education and LiteracyLabour Officer, Labour Department.4-3- 2009 Department 35.Abdul Aleem Akhund, Electrical Sub-Inspector(BS- 16)Irrigation and Power Deptt.Labour Officer (BS- 16)4-8- 2009 36.Mr. Abdul Fateh Abbasi, Health Technician (BS-16)Health DepartmentLabour Officer (BS- 16)3-8- 2009 37.Mr. Javed Akhtar KhawajaLaboratory Assistant, Taluka Hospital, GhotkiLabour Officer, Ghotki6-7- 2009 38.Mr. Sajjad Haider Shah (BS-19)Port Qasim AuthoritySecretary, Sindh Workers Welfare Board, Labour Department21-9- 2010 39.Mr. Shakeel Amjad (BS-18).Sindh Protocol Cell, SGA & CDDirector, SESSI24-3- 2010 40.Syed Jamaluddin (BS-18).Assistant Director, Sindh Workers Welfare Board.Director, SESSI28-6- 2010 41.Mr. Shah Nawaz Khuhawar, Assistant Prof. (BS-18)Education and Literacy Department.Deputy Director, Women Dev.
Department13-5- 2010 42.Mr. Aijaz Ahmed Palh, Assistant Secretary(BS-17)Assembly SecretariatD.D.O. (Finance), Sukkur.30-6- 2010 43.Mr. Tariq Ali, an officer of BS-17 defunct KMCDefunct KMC (Information Wing)Deputy Director (I.T.)
PMU, Board of Revenue25-5- 2010 44.Dr. Muhammad Ali Manjhi, Associate Professor(BS-19)Education and Literacy Department.Director (Culture), Culture Depratment23-7- 2008 45.Mr. Ghulam Akbar Junejo (BS-17)SMH Laboratory, Irrigation and Power DepttDistrict Officer, M&E, Mirpurkhas4-9- 2010 46.Mr. Faisal Rizvi (BS- 17)CDGK (KW&SB)DO (M&E), LG, Thar @ Mithi, Local Govt.
Deptt.1-12- 2009 47.Agha Altaf Nabi, an officer of Rural Development Department (BS-18), Engineering BranchRural Development DepartmentDirector General (M&EC), PLGC 48.Mr. Farukh Humayoon ZaidiDirectorate of LabourTMO, North Nazimabad, Local19-11- 2007 (BS-17) Government Deptt.
49.Mr. Hakim Ali Mangerio, Instructor(BS-16)Workers Welfare BoardAccounts Officer, Directorate General of Mines and Mineral 50.Mr. Zulfiqar Ali,HST (BS-17)Education and Literacy DepartmentAssistant Director, Directorate General of Mines and Mineral19-8- 2009 51.Mr. Deedar Murtaza Bhutto, Associate Professor(BS-19)Education DepartmentDirector (BS-19), Directorate of Women Development Sindh.3-6- 2010 52.Mr. Muhammad Ali Riaz, Information OfficerBS-17).Information DepartmentDeputy District Population Welfare Officer, Jamshoro.17-6- 2008
5. The Secretary Services has submitted that Sindh Government was under the impression that the findings of the Courts were confined to the officials of autonomous bodies. Even this ground is not available as we have noticed in the list that officials of autonomous body are still working in defiance of the directions. The Honourable Supreme Court in the case of Dr. Shafi-ur-Rehman Afridi v. CDA Islamabad reported in 2014 SCMR 378, has held that the deputations have no vested right to complete deputation period. It was further held that deputationist cannot involve the constitutional jurisdiction of the Court for any relief. Their lordships of the Supreme Court in the said case has further held that order of deputation by competent authority is administrative in nature and seeking enforcement or variation of such order by a deputations is not permissible inter alia on the ground that he is not an aggrieved party to seek remedy.
6. We feel that approach of the Sindh Government in not complying with the directives contained in the judgment was ex-facie contemptuous. At the request of Secretary Services we found it appropriate to decide this issue of transfer of the civil servants by the government authority in detail under section 10 of the Civil Servants Act, 1973 besides the power of the competent authority to appoint them on deputation in the province. In the first place the aforesaid judgment of this Court fully covers this issue but in order to remove wrong impression if any of the Sindh Government. The postings of the officers in the different departments of Sindh, list of which has been reproduced hereinabove would hamper the good governance on one side damage the department on the other hand. If such actions which are ex-facie outside the civil servant laws and rules are unchecked it would paralyze the system besides it would cause anger dissatisfaction and heart burning to those who are entitled to promotions and are otherwise eligible to hold the office, which is occupied by the strangers under the garb of deputation and or out cadre transfer and or posting non-cadre officers against the cadre posts. In the first place there is no provision either under the Sindh Civil Servant Act or the rules framed there under authorizing the competent authority to order deputation of an officer. A detailed discussion has been made in the judgment referred to hereinabove on this issue. We have examined the list of the officers of the federal government who were posted in different departments in the Sindh Government on deputation under the garb of exigency of service. None of them had the eligibility and or competence to be posted against such office cadre post and when confronted the Secretary Services has conceded before us that the officers of the Federal Government in occupational group who are posted in the Sindh Government in different departments against cadre posts neither qualify nor had the eligibility to hold such post. Posting of such officers on deputation in Sindh would never improve the system within the department, as the deputations on expiry of his deputation period would join his parent department. Such officer even otherwise is not accountable and the department in which he is appointed would ultimately suffer. Additionally those who are eligible and are likely to be promoted in the department are deprived of their lawful right to promotions which is a permanent cause of heart burning to the cadre officers. A civil servant who is on deputation even loses the status of civil servant during the period of deputation as has been held by Honourable Supreme Court in the case of Mazhar Ali v. Federation of Pakistan reported in 1992 SCMR 435 which by itself is sufficient ground to discourage the posting of the nature. Additionally Article 240 of the Constitution provides that appointments to and the conditions of services of a person could be determined by Act of the Parliament and or of the Provincial Assembly. In other words the terms and conditions of a civil servant cannot be deviated from by an Administrative/Executive order which in the case in hand has been done by the competent authority under the garb of exigency.
Such orders have no sanction of law.
7. Section 10 of the Sindh Civil Servants Act also restricts out of cadre transfer of a civil servants. The posting and transfer under section 10 of the Civil Servant Act authorizes the competent authority the transfer within the cadre and not out of cadre as the provisions of section 10 of the act has to be read with a rider that the terms and conditions of service shall not be changed by such an order. The Honourable Supreme Court in the case of Muhammad Karim v. Director Health Services reported 1987 SCMR 295 and Masood Ahmed v. Taj Muhammad Baloch reported in 1999 SCMR 755 has held that Section 10 does not authorize the competent authority to transfer a civil servant out of cadre.
8. What we have noticed from the list of the officers who are either performing their duties as deputations or have been posted by way of transfer to a cadre post do not have the required qualification nor the eligibility to hold such office. In law a civil servant can only be appointed against the cadre post if he has passed the competitive examine or his appointment was made through competitive process which means either he is a PCS Officer or PSS Officer or he is officer from APUG (All Pakistan Unified Grade) group. The Secretary services has frankly conceded that the officers form the Federal Government who are serving in the Sindh Government are neither qualified for the post for which they are posted on deputation in the Sindh Government nor have expertise and or knowledge of such office. We have noticed that under the garb of exigencies non cadre officers have been posted out of cadre in different administrative departments in Sindh on deputation basis irrespective of their qualification and or eligibility having no relevance between their experience and past service with their current places of postings. The Secretary services on our inquiry has stated before us that there are sufficient number of cadre officers available for posting and if the out of cadre officers are retransferred and posted to their in cadre department there will be no vacuum at all.
9. To improve the working of the departments we are of the considered view that postings of the nature should be discouraged and respect should be given to the law and the rules in order to minimize the unrest amongst the officers of the department who suffer and or being deprived of their lawful right to promotion or otherwise. The postings of officers mentioned in the lists reproduced hereinabove are not inconformity of the findings of this Court given in the cases of Lal Khan Jatoi which findings were affirmed by the honourable Supreme Court in its order referred to hereinabove. fi
10. We for the aforesaid reasons direct the respondents to immediately take steps to withdraw all the officers (mentioned in the list) posted either on the basis of deputation and or on transfer out of their cadre and posted to different cadre posts in different departments of Sindh, be repatriated to their parent departments in the Federal Government and or to be transferred and posted to their own cadre and department in Sindh within 15 days from the date of communication of this order. In future the Sindh government/competent authority is restrained from issuing order of postings of any non-cadre officer against cadre posting by transfer under section 10 of the Civil Servant Act nor they would depute any officer from Occupational Group of the Federal Government or from autonomous except in exigency unless he meets the criteria of matching qualification, eligibility and experience to the proposed post.
11. We are informed that some petitions have been filed by deputation before the Principal seat.
Neither the petitions nor its number nor any order of the Court has been placed before us. We have been informed that amongst them one petitioner has filed a petition before this court which was dismissed and on appeal before the honourable Supreme Court, leave was refused. Pendency of such petitions no way restricts this Bench from seeking implementation of the order of honourable Supreme Court referred to hereinabove. Q. As far as the allegation of corruption against the respondent No,4 is concerned, we refer the matter to the Chairman, Anti-Corruption Establishment, who may probe into the allegations of corruption against the respondent No,4 and after enquiry under the law if the respondent No,4 is found guilty, he may take action in accordance with law.
13. Before parting with the judgment we must record our appreciation for the assistance provided by the Secretary Services, during the hearing of the case.
14. This petition is allowed in the above terms with the aforesaid IC directions with the listed application.
15. Copy of this order be faxed to the Chief Secretary Sindh, Secretary S&GAD Sindh and Chairman Anti-Corruption (E) Karachi for their information and compliance.
16. .