Ex-cadre junior officer unlawfully posted DG Fisheries

PESHAWAR: A junior officer posted as DG Fisheries on ‘a look after charge’ basis by the PTI government, enjoying the slot in Agriculture, Livestock and Cooperative Department, for the last four and half years.

The KP government entrusted the look after charge of the post of Director General BPS 20 Fisheries Department to an ex-cadre BPS 19 officer Dr Khisro Kaleem on September 19, 2018. Furthermore, the look-after charge to lower-grade ex-cadre junior officers for such a long period is a serious violation of rules. The arrangement can only be made for less than one month and should not exceed three months. However, it can be extended for another three months with the approval of the next higher authority.

Chief Secretary KP Nadeem Aslam Chaudhry told The News that the government has taken notice of the issue and instructions were issued to remove the official. He said the KP government believes in merit and transparency. “If any official has been illegally posted by the previous government any post will be removed from the said post. The rules will be followed in letter and spirit”, the chief secretary said.

The sources close to the incumbent DG Fisheries told this scribe that the government had posted him after approval by the former chief minister. He achieved most of the tasks assigned to him due to his hard work and ability in complex situations. He said that the government has the authority to appoint and remove any officer and they are bound by the government’s decision. “Section -10 of Civil Servant Act,1973 provides that where a civil servant is required to serve in a post outside his services or cadre, his terms and conditions of services as to his pay shall not be less favourable than those which he would have been entitled if he had not been so required to serve”, he said. Several messages were sent to the incumbent officer but he did not send any reply.

According to the rules of the Fisheries Department, the post of DG Fisheries will be filled on “promotion on the basis of seniority cum fitness, from amongst the directors and additional directors of the Fisheries Department with three years’ service in BPS 19 or 10 years service in BPS 18 and above or 17 years in BPS 17 and above. According to documents available with this scribe, the KP government entrusted the look after charge of the post of Director General BPS 20 Fisheries Department to Dr Khisro Kaleem BPS 19 on September 19, 2018.

Meanwhile, the Peshawar High Court disposed of a writ petition on June 12, 2019, saying that the post of the Director General Fisheries is a technical and administrative job in nature. The Chief Secretary is to formulate the service rules for the appointment/ promotion over the post of Director General Fisheries within 30 working days, failing which the appointment orders of present incumbent of the office of Director General would stand de-notified and require for fresh appointment against the said post.

Earlier, a summary for the Chief Minister was moved by the Agriculture Department regarding the entrustment of the look-after charge of DG Fisheries to Dr Khisro Kalim on March 27, 2022. Putting his remarks on the summary, the Secretary Establishment said that usually a practice of assigning additional charges exists in such cases, and as per finance department instructions, an additional charge of a post can be entrusted to another officer on an equivalent scale. This arrangement should not be made for a period of less than one month and should not be extended to three months and it should be allowed with specific approval of the secretary not below BPS20. However, it can be extended by another three months with the approval of the next higher authority. It is further observed that Dr. Khisro Kalim belongs to an ex-cadre. Interestingly, the same para was approved by the chief secretary and chief minister, which says that the look-after charge will be assigned to the officer for three months.

Similarly, the Establishment Department letter No SO(Policy) E&AD/1-3/2012/APT rules dated December 7, 2022 said the additional/look after arrangement can be made for a period not less than one month and should not exceed three months. However, it can be extended for another three months with the approval of the next higher authority.

It further says it has come to the notice that in certain cases, officers assigned look-after charge have taken major decisions like recruitment, and expenditure of huge amounts which involve major administrative and financial implications, which is contrary to the established norms. An officer looking after the charge of the post cannot exercise financial and administrative powers as the same have not been delegated to him by the competent authority.