Auditors declare ex-EDB CEO deputation illegal

Observe officer continued to serve beyond maximum deputation period of five years

ISLAMABAD:

Auditors have declared the deputation, absorption and promotion of former chief executive officer of the Engineering Development Board (EDB) Engineer Khuda Bukhsh as illegal.

Documents revealed that he had promoted himself along with some other officials while serving as the EDB CEO with a "look-after" charge. Other officials promoted were Raazia Shaikh, M Shahzad and Asim Ayaz.

During audit, the auditors observed that according to Serial No 27(iv) of ESTA Code Volume-I (Civil Establishment Code), the normal tenure of deputation was three years, extendable by a further period of two years with approval of the competent authority, subject to a maximum limit of five years.

Upon completion of the deputation period, the officer is required to be repatriated to the parent department unless formally absorbed by the borrowing organisation in accordance with the applicable rules and with approval of the competent authority.

Clause 3.1(n) of the Rules of Business of the Engineering Development Board, 1999 stipulates that the board shall frame service rules regulating its affairs, subject to approval of the federal government.

Khuda Bukhsh had been appointed assistant manager (BS-17) in the State Engineering Corporation on June 1, 1994 and was transferred to the EDB on deputation as the assistant general manager on July 6, 2001.

In the audit, it was observed that the officer continued to serve in the EDB beyond the maximum permissible deputation period of five years. No approval of extension beyond the statutory limit was produced to the audit.

It noted that the officer claimed to have been absorbed in the EDB; however, no formal absorption order by the competent authority, nor any approval of the federal government, was provided. Also, no change in service status from deputation to a regular employee was evidenced on record.

The auditors were of the view that the EDB did not frame and obtain approval of service rules from the federal government as required under Clause 3.1(n). In the absence of approved service rules, no lawful mechanism existed for the permanent absorption or career progression of the person on deputation.

Despite the above, the auditors observed, the officer was promoted to the post of deputy general manager on November 3, 2010 and subsequently promoted from Grade E-V to D-III on September 21, 2015 for the post of general manager without evidence of lawful absorption or the approved service framework governing such progression.

The officer was further promoted from Grade D-III to D-II as senior general manager, although no sanctioned post of senior general manager existed in the approved organisational structure of the EDB. No evidence of creation of such a post by the competent authority was produced. The promotion to a non-sanctioned post constitutes irregular upgrade with financial implications.

The Departmental Accounts Committee (DAC), in its meeting held on August 16, 2021, gave directives for conducting a "de novo" inquiry to determine the legality of continuation and promotions. The inquiry was not conducted, reflecting non-compliance with the DAC instructions.

It is a settled principle of public service administration that promotion should not be granted where the service status and eligibility of an officer are under inquiry or scrutiny.

The audit report said that the continuation of the officer beyond the prescribed deputation period, absence of lawful absorption, grant of successive promotions without approved service rules, promotion to a non-sanctioned post and promotion during pendency of an inquiry were irregular. "Position may please be clarified to audit." When contacted, the former CEO did not reply to the request for comment.