ISLAMABAD: The Supreme Court noted that the Workers Welfare Board (WWB) Khyber-Pakhtunkhwa (KP) was neither performing nor was it capable of performing its functions under the law; rules and regulations, and that led to indiscriminate loss and wastage of funds, and a deluge of litigation.
A three-judge bench, headed by Chief Justice Gulzar Ahmed, on Friday announced its reserved judgment on the appeal of the KP government against the Peshawar High Court (PHC)'s verdict. The bench set aside the PHC's judgment dated 29 March 2018, wherein, it had directed the WWB to regularise the services of all the respondents.
The judgment authored by Justice Ijazul Ahsan said the funds provided to the board were in nature of a 'Trust' and it was the responsibility first of the KP government and thereafter of the board to ensure that such funds were utilised in a most responsible, conscientious and honest manner with the object of advancing the welfare of the workers, contributions on whose account, constitute the substratum of the funds.
"Funds of the Board and the Board itself have become a pie in which all competing interests whether personal or political, vie and compete to snatch a share. Even Unions have been formed in order to create pressure groups to advance vested interests. This situation required interference which the KP government does not seem to have done despite the dire state of affairs."
It, therefore, directed the KP government; to constitute a committee headed by its chief secretary and consisting of highly respected and independent professionals possessing the higher degree of integrity from the fields of education, administration, finance, human resource and employment laws, etc.
Such committee shall examine the laws, rules and regulations governing the setting up, operation and functioning of the schools systems set up by the board. The board shall provide the Committee all data, information, financial documents, employment documentations etc relating to terms and conditions of employment of the entire staff working in these schools and such other information as the Committee may require.
The Committee shall also get conducted an independent audit of the board with special reference to school projects for the past seven years in order to fix responsibility for cronyism, favouritism, unnecessary litigation, and leakage and wastage of funds with relation to illegal appointments made at various stages.
It shall also prepare a comprehensive report regarding other aspects of the workings of the board and its school projects within a period of three months, and submit such report not only to the KP government but also the Supreme Court for our perusal in chambers.
The Committee will give recommendations, which include measures to create a workable balance between the powers of the board, the chairman and secretary and suggest inbuilt counterchecks on exercise of power at every stage.
The Committee shall also coordinate with the National Accountability Bureau and the Anti-Corruption Establishment and such other entities as may be charged with the responsibility to oversee and undertake accountability initiatives where public funds are utilised.
It shall also point out the individuals "Who have been found by it to be involved in financial mismanagement, corruption, favouritism and misuse/ abuse of authority for initiation of proceedings against them in accordance with the law."
The Committee shall also look into the working of the board, its management committee, chairmen as well as the secretaries of the board for the past seven years, and recommend appropriate action where any violation of the rules, regulations and laws, etc. have been found.
The Committee was ordered to undertake the exercise within a period of three months from the date of receipt of a certified copy of this order, and place before bench members in chambers for further orders, if necessary.
Copyright Business Recorder, 2020
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