Post-PHC verdict: K-P govt trying all options to retain PEDO chief

Will file a review petition in SC and make changes to PEDO Act 1993

PESHAWAR: The Khyber-Pakhtunkhwa (K-P) government is using all options to save the chief executive officer of the Pakhtunkhwa Energy Development Organisation (PEDO), Akbar Ayub, whose appointment had been struck down by the Peshawar High Court (PHC) in beginning of June this year.

Sources told The Express Tribune on Monday that as the 60-day period to implement the PHC judgment ends on August 7, the K-P government is trying to retain Ayub on the seat – not just by filing a review petition in the Supreme Court this week against the judgment, but also by making amendments to the PEDO Act 1993.



The PHC had struck down the notification issued by the K-P government on February 18, 2015, under which Ayub was appointed as CEO of PEDO. It declared the post vacant and directed the K-P government to fill it on merit.

Under Section-5 of the PEDO Act, the CEO should be a person with expertise in the field of energy and power, but Ayub only had experience in the finance field.

However, Ayub is still serving the organisation as CEO as the PHC had granted 60 days for implementing the judgment.



According to sources in the K-P government, a scrutiny committee in a meeting on Thursday, under the chairmanship of secretary law, decided to challenge the PHC judgment in the Supreme Court.

“The CPLA [Civil Petition for Leave to Appeal] will be filed this week as the 60-day stay period will end on August 7,” said an official, requesting anonymity.

He said the K-P advocate-general would file the CPLA and try to get a further stay from the apex court before the expiry of the existing stay order.



Along with the CPLA, the government has also planned amendments to the PEDO Act 1993, which led to Ayub’s ouster by the PHC. The government has prepared a draft for an ordinance through which Section-5 (1) of the act would be completely changed.

Under the proposed amendment to the law, the person eligible for the slot of CEO would have at least 12 years of experience in the fields of law, business, engineering, finance, accounts, economics and power.

The K-P Law Department expressed its reservations over the draft and the reservations were communicated to the K-P Energy and Power Department.

The K-P Energy and Power Department wanted to amend Section-5 of the act with effect from January 1, 2014, so that the appointment of Ayub could be given legal cover, but the law department objected to it and then after deliberations between the departments it was decided to implement the amendment with “immediate effect” rather than January 1, 2014, the official informed.

“The amendment via an ordinance rather than routing it through the K-P Assembly is a better option for the government as in the assembly the opposition members would make an issue out of it,” said the official.



Some officials in the K-P government were not happy over the minimum 12-year experience requirement and the addition of law, finance, business and accounts to the criteria.

“The CEO should be from the power sector with an experience of at least 20 years as PEDO’s job is to build energy-related projects,” said one of the officials, adding that the 12 years of minimum experience is too little for the slot of a CEO.

K-P Advocate General Abdul Latif Yousufzai was not available for comments despite repeated attempts.