PSB Development Work IHC declares ministry-PWD contract void

ISLAMABAD: The Islamabad High Court (IHC) has upheld the constitutional working of the Pakistan Sports Board (PSB) by striking down the recent move by the Ministry for Inter-Provincial Coordination (IPC) to hand over entire development work to Pakistan Public Works Department (PWD).

The ministry through a letter in April 2020 had decided to allocate construction and upgradation works of the PSB to Pak PWD -- a decision that was taken in violation of the PSB Rules 1981.

Justice Mohsin Akhtar Kayani in a six-page judgment said: “In view of above background, the instant writ petition is allowed. The actions taken by the Ministry for IPC as well as Pak PWD for being in violation of the law are hereby declared void ab initio. All actions/orders passed by Ministry of IPC for transferring the funds to the Pak PWD or any other contractor, person or a company, are hereby declared illegal and the relevant officials of the ministry are personally liable for their illegal actions as they have passed the orders without due approval of the law. Any loss occurred in this process may be recovered from the officials of the ministry concerned.

“Before parting with this judgment, it is necessary to pass direction to the federal government to notify the board in accordance with the PSB Rules 1981 and Sports (Development and Control) Ordinance, 1962, within the period of 30 days for smooth functioning of the board.

“The other objection raised by the respondent side is regarding locus standi of the petitioner, who is a member of CBA Pakistan Sports Board Employees having no personal interest in this regard nor he is aggrieved with the acts done by the respondent ministry. However, such objection has not legally been justified when the entire lis revolves around the concept of public interest legislation wherein any person, aggrieved or otherwise, can raise his voice against the illegalities made by the officials of the ministry in violation of the Pakistan Sports Board Rules, 1981, therefore, the instant writ petition is maintainable,” said the judgment.

It is worth mentioning here that it was the PSB Employees Union that moved the IHC.

The ministry had principally decided to hand over all the construction, development and upgradation works falling within the jurisdiction of the PSB to PWD through a letter issued on April 15.