SHC vacates suspension order against appointment of KWSC CEO and COO

The Sindh High Court (SHC) on Friday vacated its interim order with regard to suspension of the appointment of the chief executive officer (CEO) and chief operating officer (COO) of the Karachi Water & Sewerage Corporation (KWSC), and observed that a permanent chief executive officer be appointed within two months in accordance with the law.

The direction came on a petition against the appointment of the KWSC CEO and COO. The petitioner, Rashid Siddiqui, had argued that both the COO and CEO did not qualify to hold the post as one officer was already a retired officer and the other officer did not have the requisite grade.

A division bench of the high court headed by Justice Omar Sial observed that the KWSC controlled the provision of potable water and sewage disposal in Karachi although its efficiency was debatable as residents of a large part of city continued to be deprived of potable water and proper sewage system, and compelled to buy water at exorbitant rates.

The high court observed that it believed that improving the workings of the KWSC was a matter best left to the executive to do so. However, at same time the efforts taken by the KWSC should also not be brushed under the carpet.

The bench observed that Karachi was a vast city and stopping senior officials from work could potentially cause irreparable loss and damage to the residents of the provincial capital. The SHC observed that working and functioning of the government must not be hindered and if that was done, the already chaotic city would further suffer.

The high court observed that the concern of the petitioner for betterment was appreciated but at the same time, the high court could not interfere in executive matters unless a clear breach of the law was demonstrated and the petitioner was unsuccessful to show this at this stage.

The bench also took exception to non-serious conduct of the government and KWSC in the present proceedings and observed that no law officer from the government and KWSC took the proceedings seriously, due to which the court had to pass an interim order with regard to appointment of the KWSC’s managing director and COO.

The SHC asked the law minister and provincial government to ensure effective and knowledgeable legal representation of the province. The high court observed that prima facie, the appointments of the KE CEO and COO did not breach the law in the field as the law did not bar a retired person from getting appointed on these posts nor the law stipulated that only an officer of a particular grade could hold such a post.

The SHC observed that it was not appropriate for senior offices of the KWSC to be filled with temporary postings. The high court observed that an additional advocate general informed it that the KWSC had already initiated the process for the appointment of a permanent CEO.

The bench expressed the hope that a suitable candidate who complied with all the criteria laid down by the applicable law, rules and regulations would be appointed within two months while the status of the KWSC employees as to whether or not 0they were civil servants may be argued by the parties at length when the main petition would be argued.