SHC issues show-cause notice to CS over breach of undertaking

The Sindh High Court issued a show-cause notice to the chief secretary, telling him to explain why proceedings should not be initiated against him over breach of a statement in which had said the adviser to the chief minister on labour and human resource would not exercise executive authority.

The court was hearing a petition of Abdul Sattar Niazi against PPP leader Senator Saeed Ghani’s exercising executive authority in matters of the Sindh Employee Social Security Institution (SESSI) as adviser to the chief minister. 

He submitted that despite the court orders against the use of any portfolio by the advisers, Sindh’s ruling party’s senator was still holding meetings of SESSI’s governing body.

On December 6 the high court had restrained Ghani from exercising any executive authority or chairing  SESSI meetings till further orders.

Chief Secretary Rizwan Ahmed Memon had appeared before the court and submitted that after the court judgment in the advisers’ case none of the advisers were exercising any executive authority or ministerial powers nor were they holding any portfolio though they were consulted by the CM strictly as advisers.

The petitioner’s counsel, Mohammad Ali Lakhani, pointed out to the court that contrary to the chief secretary’s statement, Senator Ghani had called a meeting of SESSI governing body as its chairman. He also placed on record three letters issued by SESSI on November 13 and December 15 to show that every correspondence was sent for information to the adviser to the CM on labour/chairman governing body of SESSI.

A division bench, headed by Chief Justice Sajjad Ali Shah, observed that there appeared to be a violation of the statement given by the chief secretary wherein he had categorically stated that after the SHC judgment none of the advisers was exercising any executive authority or any ministerial power.

The court observed that that being the case then what caused the department to keep the adviser abreast of the daily nitty-gritty of executive authority being exercised by the respective officers. It observed that such an aspect gave clear reasons to believe that orders of the court were circumvented and the undertaking given by the chief secretary was not adhered to. The bench directed the chief secretary to submit his reply within seven days and adjourned the hearing till January 11.