Disbursement of wheat in Sindh: SHC directs CS to look into matter personally

KARACHI: The Sindh High Court (SHC) on Friday directed Sindh chief secretary and the secretary of Food Department to look into the affairs of disbursement of wheat in the province personally and ensure that wheat is disbursed strictly under the law. If any official of the Food Department is found involved in any kickbacks or financial scams for the subject disbursement in their respective districts, strict and prompt action shall be taken against the delinquent official, the court declared in a written order.

A division bench of the SHC comprising Justice Irfan Saadat Khan and Justice Adnan-ul-Karim Memon issued the order in the petition of Asif Ali Unar and two others against the Sindh government and others.

The order stated that the petitioners moved the court under Article 199 of the Constitution, wherein they challenged the notification dated 30.03.2021 in respect of postings and transfers of district food controllers (DFCs) and assistant district food controllers (ADFCs) in the Food Department of Sindh.

The petitioners objected to the notification on the grounds, inter alia, that it is illegal, based on mala fide intention to replace them from the subject post to accommodate others for disbursement of wheat.

The counsel submitted that the commissioned officers were supervising the wheat disbursement in their areas, but, shockingly, according to the notification, rankers were appointed on the posts of commissioned officers and submitted that the purpose of the notification is just to usurp the huge amount or kickbacks in the disbursement of wheat in the areas.

The court in its order stated that Article 212 of the Constitution ousts the jurisdiction of this court in respect of the matters about terms and conditions of civil servants and ruled that the ouster clause under Article 212 of the Constitution is a constitutional command which restricts the jurisdiction of this court under Article 199 of the Constitution on the subject which squarely falls within the exclusive domain of the Sindh Service Tribunal (SST).

The court observed that transfer and posting is the prerogative of the respondent department as provided under Section 10 of the Sindh Civil Servants Act, 1973.

However, the court took up the concern of the petitioners that their transfer and posting is based on mala fide intention to accommodate the beneficiaries to usurp the huge amount or kickbacks in the disbursement of wheat in their respective areas.

The court ordered the chief secretary and the secretary of Food Department to look into the affairs of disbursement of wheat in the province of Sindh personally and ensure that the wheat is disbursed strictly under the law.

The court also directed the chief secretary to assign the postings to those officers in their respective districts who are qualified and eligible for the subject posts.

Copyright Business Recorder, 2021