SHC seeks list of DCs in Sindh containing info if they are CSS or PCS officers

KARACHI: The Sindh High Court (SHC) has directed the provincial advocate general to submit a list of all the deputy commissioners (DCs) of the province, mentioning whether they were Central Superior Services (CSS) or Provincial Civil Services (PCS) officers and if they belonged to the PCS, whether they had taken the examination or they were appointed through nominations. The high court also sought details of amounts the DCs had received from the oil and gas companies.

The direction came during the hearing of a petition with regard to utilisation of funds for social welfare schemes, which were provided by petroleum and exploration companies for the well-being of people in 21 districts of the province.

A division bench of the SHC headed by Justice Mohammad Karim Khan Agha had earlier observed that there seemed problems in utilisation and monitoring of the social welfare funds provided by the oil and gas companies and recommended the chief secretary to ensure that all the DCs who were dealing with funds of Rs15 million and above were CSS officers as they appeared to be more capable of utilising and managing the social welfare funds or projects being carried out thereunder.

Being aggrieved with the court observation, some PCS officers filed applications requesting the high court to review its observation with regard to replacing the PCS officer DCs with CSS officers. They submitted that the impugned paragraph of the court had created an impression that CSS officers were better than PCS officers, which was not only contrary to record but had stigmatised the PCS cadre. They said that both the CSS and PCS officers went through rigorous competitive exams, and requested the SHC to review the observation with regard to replacing them with CSS officers in several districts. They argued that the DCs whose reports were found to be unsatisfactory might be proceeded against by a competent authority as per the law.

The high court took exception to a statement filed by the Sindh advocate general with regard to failure to comply with the court directive. The advocate general stated that the recommendation to replace the PCS officers was not binding on the Sindh government and was based on judicial overreach.

The bench observed that the provincial law officer was bound to comply with the orders of the high court or else legal consequences would follow. The SHC observed that if the advocate general had any grievance against the SHC order, he was free to approach the Supreme Court; however, all orders of the court which had been passed or which would be passed in the future were binding and were to be implemented if they contained specific directions, orders or declarations.

The SHC directed the advocate general to submit a list of all the DCs in each district along with the information whether they belonged to the CSS or PCS. The bench ordered that if the DCs were PCS officers, the court should be informed if they had taken the examinations and tests or were appointed by nominations. It also sought details of amounts of funds the DCs had received from oil and gas companies. The high court also directed the chief secretary to appear in person on the next hearing.

It is pertinent to mention that the SHC had issued various directions to the DCs for utilisation of funds provided by the gas and petroleum companies for completion of welfare projects and schemes for the people living in areas where oil and gas were being explored. The high court had expressed dissatisfaction at the reports of DCs of Badin, Sujawal, Matiari, Shaheed Benazirabad and Tando Mohammad Khan districts with regard to the utilisation of welfare funds.