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Thursday November 28, 2024

PHC issues notice to KP govt

By Akhtar Amin
September 10, 2016

PDA DG appointment

Saleem Wattoo also accused of misuse of authority

PESHAWAR: The Peshawar High Court (PHC) on Friday issued notice to the Khyber Pakhtunkhwa government and directed it to explain if appointment of Peshawar Development Authority (PDA) director general was done as per the law.

A two-member bench comprising Justice Qaiser Rashid Khan and Justice Muhammad Ibrahim Khan put on notice the chief secretary, secretary Local Government, Election and Rural Development Department and director general Military Lands and Cantonments, Rawalpindi to submit replies before the next hearing. The court issued the notice in a writ petition filed by Khan Afzal Afridi, deputy director Building Control Agency PDA, challenging the appointment of PDA DG Muhammad Saleem Hassan Watto.

During hearing, Khalid Afridi, counsel for the petitioner, submitted that the PDA head was inducted on April 19, 2004 in the Income Tax Group and then promoted to grade 18 on August 18, 2009.

He submitted that the respondent DG PDA had been on deputation with the Military Lands and Cantonment since May 25, 2008. He said the respondent DG along with other officers was then permanently absorbed in ML&C Group on June 11, 2010.

The lawyer submitted that Muhammad Saleem Hassan Watto was an officer of grade 19 in ML&C but was appointed as DG PDA on a post of grade 20 on deputation on August 9. Terming it illegal, he said the appointment also deprived 10 senior and deserving PDA officers in grade 19 of their right to be appointed as DG.

He argued that the word “deputation” is alien to the PUDB Service Rules 1979 as the rules say that the appointment would be made through promotion on the basis of seniority-cum-fitness from amongst the directors with at least 17 years service in BPS-17 and above.

The petition stated that the chief secretary and secretary local government by misusing their authority/powers have transgressed and usurped the fundamental rights, hopes and the legitimate expectations of 10 senior most officers (directors) of PDA by appointing and posting a junior and ineligible officer on deputation. It stressed this is against the law and direction of the establishment division.

The petitioner also informed the court about misuse of authority by the DG PDA after taking the charge and claimed that a Samsung android phone from Rehman Technology Corporation was purchased for DG PDA at the cost of Rs955,000. It was stated that the DG is not entitled to use over and above 1300 CC car/vehicle, but he had purchased four-wheel drive vehicle without any prior sanction and budget approval from the competent authority. Besides, the petition claimed that since his appointment four official vehicles were in the use of the DG PDA including one in the personal use of his wife at Lahore.

Furthermore, it said he spent Rs10 million on the rehabilitation and renovation of his residence and purchase of new furniture and paid Rs20 million to one Farmanullah of NESPAK without any details to show the purpose of the said payment. It said the DG PDA had illegally and with mala fide intention brought changes/amendments in the rules and policy for the allotment of plots to the employees and deputationists under the two percent quota. It was also claimed that the DG paid more than Rs7 million to Midas International (Pvt) Ltd Peshawar, a company blacklisted by government of Pakistan.