PHC restrains govt from taking action against food controllers

PESHAWAR: Suspending inquiries and proceedings against the district food controllers by the secretary Food Khyber Pakhtunkhwa, the Peshawar High Court (PHC) on Wednesday restrained the provincial government from taking any action against the food controllers till final decision in the case.

A two-member bench comprising Justice Yahya Afridi and Justice Muhammad Ishtiaq Ibrahim stayed all proceedings of departmental inquiries by Secretary Food Asmatullah Khan Gandapur, who is holding an additional charge of director Food, against two district food controllers from Bannu and Lakki Marwat districts.

The high court also sought reply from Secretary Food regarding initiation of departmental inquiries against the petitioners. The court asked the provincial government to explain as in what capacity the secretary Food had dual charges as secretary and director Food.

The court suspended proceedings in inquiries against Qazi Fidaur Rehman, District Food Controller Bannu and Muhammad Hayat Khan, District Food Controller Lakki Marwat and fixed September 21 for next hearing of the cases.

During hearing, the petitioners’ lawyer, Aamir Javed submitted that District Food Officer Hayat Khan resumed his services in Food Department on July 8, 2015 and he was not only promoted to PBS-16 but also posted as DFO Dera Ismail Khan.

The lawyer said that discriminatory action was started against the petitioner when he gave an adverse Annual Confidential Report (ACR) to Rashid Saeed, an inspector in the department, who was blue-eyed of secretary Food for his doubtful efficiency coupled with poor performance and also transferred him from the post of PRC to headquarters on March 1, 2016.

Aamir Javed submitted that on the one hand the secretary food was annoyed by the rightful action of petitioner and on the other hand the inspector filed a civil suit against the petitioner. He said that due to intervention of the high-ups of the Food Department, the transfer order of the inspector was cancelled on the condition that he would withdraw his suit against the petitioner.

The lawyer submitted that soon resumption of his duty the food inspector in question was again found involved in illegal act of pilferage of 480 bags of wheat worth Rs148116, thus constraining the petitioner not only to call explanation from him, but the Director Food as well as secretary Food, who earlier stood surety for him, was also informed about the repeated illegality of their favourite inspector.

Aamir Javed submitted that the secretary food, who was also assuming additional charge of Director Food, was annoyed due to the legal actions of the petitioner.He said the secretary food issued his transfer from Dera Ismail Khan to Lakki Marwat on May 3, which was violation of transfer policies issued by the Khyber Pakhtunkhwa government.

He said that the petitioner then filed departmental appeal against his transfer before Director Food, which was still pending, while the appeal was to be decided within 15 days. He said that the incumbent secretary Food, assumed charge of secretary Food in PBS-20 and was given additional charge of Director Food, which is a post of PBS-18.