SHC directs CS to review schemes funded by petroleum companies

The Sindh High Court (SHC) has directed the chief secretary to review all the reports of deputy commissioners (DCs) with regard to utilisation of social schemes funds worth Rs50 million and above provided by petroleum and exploration companies for the well-being of people living in petroleum exploration areas, and confirm that all the funds were being spent as per the approved policy and there was no misuse and waste of funds.

The direction came on applications filed by the government of Sindh and DCs seeking review of the SHC’s observation that only Central Superior Services officers should be appointed as DCs as they were expected to successfully manage social welfare schemes funds.

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

Being aggrieved with the court observation, the Sindh government and some PCS officers filed applications in the high court requesting the bench to review its observation with regard to replace the PCS officers with CSS officers as the DCs.

They submitted that the impugned paragraph of the court had created an impression that the CSS officers were more competent than the PCS officers, which was not only contrary to record but also had stigmatised the PCS cadre.

The advocate general Sindh submitted that the SHC’s observations with regard to the transfer of DCs were illegal as they amounted to judicial overreach as the court had entered into the entire domain of the executive which was beyond jurisdiction of the court.

After hearing the arguments of the counsel, the bench observed that most of the directions of the Supreme Court with regard to utilisation of social welfare schemes funds were being violated when the case was first taken up three years back and there was little on the ground to show utilisation of the funds being provided by petroleum companies for the welfare of the people of the exploration areas.

The high court observed that it was the responsibility of the each DC to ensure that funds were used for projects mentioned in the policy and spent judiciously and that no corruption, misappropriation or embezzlement was made in such funds which were meant to benefit the local people, most of whom were not well-off.

The bench observed that while going through the DC’s report, the court found a number of such reports unsatisfactory which led to passing such paragraphs, which the government wanted to be reviewed.

The SHC observed that neither was the court exercising suo motu powers nor was it passing orders unrelated to the issue at hand which might amount to a judicial overreach. The high court observed that the court order was based on the obligation to implement the Supreme Court orders and if the DCs were not up to the mark to utilise the funds, the paragraphs under review issued by the court were justified and did not amount to judicial overreach.

The SHC, however, observed that in the interest of the implementation of the Supreme Court’s directives, it modified its order with regard to the replacement of the Sujawal DC to the extent that the chief secretary may take disciplinary proceedings or action in accordance with the law after reviewing the Sujawal DC’s report and the audit report.

With regard to the replacement of PCS officers with CSS officers, the high court directed the chief secretary to review all the reports of the DCs dealing with Rs50 million funds and confirm that all funds were being utilised in accordance with the framed policy and there was no misuse, wastage or embezzlement of funds.

The bench observed that if the chief secretary found any reports from the DCs unsatisfactory, he shall initiate disciplinary proceedings against those DCs or any other action which deemed appropriate in accordance with the law.

The high court made clear that social welfare projects shall generally not include road constructions or repair unless this was for exceptional reasons and priority had to be given to hospitals, medical needs of the locals, public schools and education, provision of clean drinking water, and leisure activities for the local community and other projects within the policy guidelines.

It is pertinent to mention here that the SHC had issued various directions to the DCs for the utilisation of funds issued by the gas and petroleum companies for completion of welfare projects and schemes for the people of the oil and gas exploration areas.

The high court had expressed dissatisfaction at the reports of the DCs of Badin, Sujawal, Mitiari, Shaheed Benaziarbad and Tando Mohammad Khan districts with regard to the utilisation of the welfare funds.