PHC declares Swat WSSC chief’s appointment illegal

PESHAWAR: The Peshawar High Court (PHC) on Tuesday declared the appointment of both the chief executive officers of Water Supply and Sanitation Company (WSSC) in Swat illegal and directed the provincial government to make the appointment strictly under the rules and law.

A division bench comprising Justice Ikramullah Khan and Justice Lal Jan Khattak not only dismissed the writ petition of the removed Chief Executive Officer (CEO) WSSC Swat, Pervez Khan, but also declared the appointment of newly appointed CEO, Shaida Muhammad, against the rules.

The bench ordered the government to re-advertise the post within a month. “There seems no transparency in the appointment of CEOs as the first CEO had been selected from the bottom in violation of the merit and the second CEO was appointed against the rules and set procedure for the appointment,” the bench observed while announcing decision after detailed hearing in the writ petition by Pervez Khan against his removal and appointment of the new CEO.

During the course of hearing, the petitioner’s lawyers submitted that the provincial government removed Pervez Khan without fulfilling legal procedure. They argued that he had been appointed to the post after adopting lawful procedure. The lawyers submitted that the petitioner was removed after serving for four months as CEO of WSSC Swat without giving show-cause notice.

The lawyers also submitted that malafide intention on part of the government was also proved from the removal order as he was removed first on the executive order a day before adopting separate procedure under the rules in haste.

They said the chairman of Board of Directors of WSSC Swat adopted fake resolution as there were no signatures of the members of the board on the resolution. The lawyers also said the provincial government even after the court order of suspending the removal order of the petitioner appointed another CEO against the rules and law.

Pervez Khan also appeared before the bench and submitted that he had been removed from the post after he refused to make political appointments in the WSSC Swat as desired by the ruling parties.

However, counsel for the present CEO, Shaida Muhammad, and additional advocate general submitted that the government removed the petitioner after knowing that he was not qualified for the post. They argued that he was removed after knowing through the media that there were allegations of corruption against him.