SC restricts Sindh health dept from making further appointments

Officials take money for jobs and then tell courts the appointments were illegal, observe judges

KARACHI: The Supreme Court (SC) restricted on Monday the provincial health authorities from making any appointments in the Mirpurkhas health department till further orders.

A three-member bench, headed by Justice Gulzar Ahmed and comprising Justice Mushir Alam and Justice Sajjad Ali Shah, was hearing a case pertaining to a large number of fake appointments in the Mirpurkhas Health Department at the SC's Karachi registry. The court expressed annoyance with the authorities for appointing 304 employees against only 27 vacancies. Justice Ahmed questioned if there was anything present in the form of a government in Sindh or was each department and official running their own government.

Justice Shah remarked that they don't give employment to anyone for free. Poor people have to buy the jobs by selling their cattle, he added. "You make appointments against Rs200,000 each and then say additional appointments have been made," he remarked. "Fear the time when the affected people start protesting and the high officials don't get spared."

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The deputy advocate-general admitted that 304 appointments were made against 27 vacancies in 2015. The notification of jobs has been annulled due to the fake appointments. The petitioner's counsel argued that it was a great injustice to annul the appointments after issuing the offer letter. The court expressed annoyance with the officials of the health department for not giving satisfactory responses.

Justice Ahmed asked the officials if they had just been summoned to show their faces. "The court cannot allow what is being done," he said, adding that the same thing was happening in the education and health sectors across the province. "Officials are making appointments just to make money," he said. "They don't have enough money to pay the employees but hundreds of appointments are being made and then they tell the court that we don't have money and the appointments are illegal," he added.

Justice Alam remarked that the officials were making money from both hands. Justice Shah questioned what action had been taken against the persons involved in making the fake appointments?

The deputy advocate-general maintained that the district health officer who made the illegal appointments has been retired. A case against those responsible for the appointments was registered in the anti-corruption department.

At this, Justice Ahmed remarked, "You must have seen him off with garlands and flowers."

The court also directed the provincial government to submit a detailed response.

Hindu Gymkhana premises

The SC summoned the chief secretary and culture secretary on the next hearing over the plea against construction in the premises of Hindu Gymkhana for the National Academy of Performing Arts (NAPA).

A three-member bench, headed by Justice Gulzar Ahmed and comprising Justice Mushir Alam and Justice Sajjad Ali Shah, was hearing the plea filed by members of the Hindu community against the decision of allowing the construction of a building for NAPA within the premises of the Hindu Gymkhana.

The petitioner's counsel argued that the Hindu Gymkhana was built for the welfare of the Hindu community. The culture department has built a building for NAPA in the gymkhana's premises, although no construction can be done within the premises of a heritage site.

The court expressed annoyance over constructions in the premises of heritage sites.

Sindh Assembly building

Taking cue from the Hindu Gymkhana saga, Justice Ahmed questioned how the provincial government built a new building inside the premises of the Sindh Assembly? "Aren't they aware that the building of Sindh Assembly was constructed before the establishment of Pakistan?" he questioned.

Justice Shah remarked that the new Sindh Assembly building has its own stories. "Does anyone know that who went abroad to buy the floor tiles and bathroom fittings?" he asked. Justice Ahmed remarked what was the danger that high fences had been built around the assembly. "There are no walls around the National Assembly and the assemblies of other three provinces," he said. "No walls have been built even around the Supreme Court and the Sindh High Court. These assemblies are public places."

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The Sindh deputy advocate-general maintained that the new building was constructed due to the increase in the assembly's membership. At this, Justice Ahmed questioned why no new building had been constructed in the Punjab Assembly. "We won't allow anyone to invading someone's house," he said. "The building for NAPA will have to be demolished, if not today, then some day."

Jobs restored

The same bench ordered the reinstatement of four security inspectors of the Port Qasim Authority in a case related to alleged illegal appointments.

The court was hearing the appeals of the four security officials against the high court's verdict, which had ordered their dismissal, terming their appointments illegal. The petitioners include Shahnawaz Sheikh, Muhammad Asif, Asim Hussain and Adeel.

The court ordered to reinstate all four inspectors. All four inspectors had been initially appointed during the tenure of former federal minister Babar Ghori.

Published in The Express Tribune, July 26^th, 2019.