MUHAMMAD AAMIR NAWAZ RANA, J. The petitioner, who is Project Director of Quetta Water Supply and Environmental Improvement Project ('QWSEIP') had floated the tender for the Contract of "New Waste Water Treatment Plant/Plants in Quetta" and on the basis of e-tendering, the Project was awarded to respondent No.6. Meanwhile, the Summary was initiated by the Additional Chief Secretary ('ACS') (Development), Planning Development ('P&D') Department, Government of Balochistan ('GoB') for shifting of the said Project from Project Director QWSEIP to the Quetta-Water and Sanitation Authority ('Q-WASA'). The petitioner has questioned the said decision by filing the instant constitution petition which carries the following prayer: "It is, therefore, respectfully prayed to declare that the respondents have no lawful authority and jurisdiction to initiate the Summary to Hon'ble Chief Minister regarding the shifting of Project from QWSEIP to QWASA, in consequence thereof, the petitioner be allowed to continue/carry on his work over the Project. Further the respondents be restrained from issuing any kind of order/Notification regarding the shifting and stoppage of project work Or any other order which this honorable court deems fit and proper may also be awarded to the petitioner, in the interest of justice, equity and fairplay ".
2. Learned counsel for the petitioner contended that the shifting of Project from QWSEIP to Q-WASA would adversely affect its progress and eventually cause undue delay in completion of the Project.
Learned counsel alleged that the only reason behind shifting of the Project was to shift drawing and disbursing authority/DDO powers to Q-WASA. Learned counsel submitted that the bidding process of the Project has been completed by the petitioner and the Administrative Department i.e. Public Health Engineering Department ('PHED') GoB has also opposed shifting of the Project from QWSEIP to Q-WASA, therefore shifting of the Project be declared as result of mala fide.
3. While opposing the contentions of learned counsel for the petitioner, learned Advocate General ('AG') Balochistan and learned counsel for respondent No. 5 (Q-WASA) maintained that the 'Summary had been processed by the ACS (Development) P&D Department GoB in accordance with law keeping in view the applicable Rules regarding transfer of the Projects and the Summary had subsequently been approved by the Chief Minister GoB, therefore the objection of petitioner, being Project Director of the said Project, is without any substance, as the Competent Authority has decided to shift the Project from QWSEIP to Q-WASA.
4. Similarly, learned counsel appearing on behalf of respondent No.6 (Contractor) contended that due to filing of this constitution petition, the Project had been delayed. Learned counsel further contended that the as per agreement, respondent No.6 has to complete the Project within the stipulated period, therefore the execution of Contract would adversely suffer because of shifting of Project to another Authority. Arguments heard.Record perused.
5. Record transpires that the ACS (Development) P&D Department GoB had initiated a Summary for the Chief Minister GoB for shifting of the Project from QWSEIP to Q-WASA. The relevant excerpt of the Summary is reproduced herein below: "SUMMARY FOR THE HON'BLE CHIEF MINISTER Subject: SHIFTING OF PROJECT "NEW WASTE WATER, TREATMENT PLANT/PLANTS IN QUETTA" FROM QWSEIP TO Q-WASA.
A Project namely "New Waste Water Treatment Plant/Plants in Quetta" is reflected in PSDP 2022-23 at S. No 4317 (Z2021.0856) and accordingly approved by the PDWP in its meeting held on 20th August, 2021 at a cost of Rs. 702.807 million with a current year allocation of Rs.152.040 million (F/A). The project is currently being executed by the Project Director "Quetta Water Supply and Environmental Improvement Project (QWSEIP) ". However, after its completion the project has to be handed over/run by the QWASA.
2. In light of above mentioned facts, shifting of the project "New Waste Water Treatment Plant/Plants in Quetta" may kindly be allowed from Project Director QWSEIP to the QWASA to avoid future complications/failure and ensure ownership of the project after its completion.
3. Para 2/n submitted for approval of the Hon'ble Chief Minister Balochistan please".
6. The above Summary was opposed by the Administrative Secretary i.e. Secretary PHED GoB. The objections of Secretary PHED are reproduced herein below: "6. The Q-WASA executes ordinary Water Supply Schemes in Quetta and then undertakes their operation and maintenance. While the "New Waste Water Treatment Plant" is big and complex project in its very nature, for which a separate/dedicated PMU is inevitable. As such Dr. Imran Hameed Durrani, Chief Engineer WASA/Project Director Quetta Water Supply and Environmental Improvement Project (QWSEIP), having reasonable expertise in the relevant field, has been executing this scheme through QWSEIP. The tender of the said scheme "New Waste Water Treatment Plant" has already been floated through E-Tendering. The Technical and Financial Proposals of the successful bidders are being evaluated and so the Work order is ready to be awarded to the successful bidder.
7. It is, therefore, suggested that "New Waste Water Treatment Plant" Project shouldn't be assigned to WASA, owing to the reason that it has no requisite capacity. Secondly, the QWSEIP has almost completed the tendering process of the scheme in question. As such this should remain with the QWSEIP".
7. In the light of aforementioned objections, the Chief Secretary GoB directed the Secretary PHED GoB and the ACS (Development) P&D Department GoB to discuss the matter amongst themselves and come up with an agreed proposal.
8. Considering the direction passed by the Chief Secretary GoB, the Secretary PHED GoB and the ACS (Development) P&D Department GoB conducted a meeting and thereafter the following decision was made by the ACS (Development) P&D Department GoB: "9. Meeting held with Secretary PHE as directed in para 8. The viewpoint and reasoning offered by Secretary PHE in paras 6 and 7, as well as pointed out in our discussion, are convincing and therefore supported now ".
(Emphasis supplied)
9. With the above mentioned observations of the ACS (Development) P&D Department GoB, the Summary was forwarded to the Chief Secretary GoB who gave the following recommendation: "10. In the light of paragraphs 6, 7 and 9/s, proposal of the .4.D at para 2/s is supported for approval please".
10. The record transpires that para No. 10 of the Summary was subsequently approved by the Chief Minister GoB without considering the fact what was mentioned in para Nos.6, 7 and 9/s of the Summary. It is also astonishing that the Chief Secretary GoB despite objections taken by the Secretary PHED GoB in para Nos.6 and 7 of the Summary, which subsequently were supported by the ACS (Development) P&D Department GoB in para No.9 of the Summary, without any justification or explanation supported para No.2/s of the Summary for transfer of the Project.
Apparently it seems that the Chief Secretary GoB was not property assisted in this regard and out of context he supported para No.2/s of the Summary which was subsequently approved; therefore, the basic decision for transfer of Project to Q-WASA is result of defective approval by the Competent Authority without considering the attending circumstances mentioned in the Summary.
11. We have been informed that a separate Project Management Unit ('PMU') had been created to carry out the Projects of QWSEIP and this work of "New Waste Water Treatment Plant/Plants in Quetta" at University of Balochistan is one of the component of QWSEIP and already this PMU of QWSEIP had executed other works of similar nature and scope in the Quetta City, therefore no cogent or justifiable explanation was provided by the respondents to suddenly shift the said Project to Q-WASA which authority is already overburdened with the challenge of providing drinking water to the citizens of Quetta and maintain sewerage lines. The competence and performance of Q- WASA in this regard is highly questionable as on daily basis the citizens of Quetta raise hue and cry for shortage of drinking water and poor maintenance of sewerage lines; so the shifting of Project to such Authority has not been justified by the learned AG provided the fact that the impugned Summary depicts entirely a different scenario whereby Paras. Nos. 6, 7 and 9/s have been endorsed which reflects that transfer of Project was opposed by the Secretary PHED GoB and ACS (Development) GoB but even then either by misinterpreting the said paras or because of some other unknown reasons, the Project was shifted which act itself speaks volumes about the level of governance and standard of administration being observed by the Government of Balochistan. In the wake of above deliberations, since the decision for shifting of the Project has been approved contrary to the recommendations made in the Summary forwarded to the Chief Minister GoB by the relevant authorities, therefore the transfer of Project i.e. "New Waste Water Treatment Plant/Plants in Quetta" from QWSEIP to Q-WASA is declared void ab initio and illegal. The petition is allowed in the above terms. The interim order dated 05.04.2023 stands recalled. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.