Sindh govt dubs DG KMTC appointment bogus in SHC

The News

KARACHI: The Sindh government had posted Muhammad Sohail alias Sohail Babo as DG ‘Karachi Mass Transit Cell’ (KMTC) of the Karachi Development Authority and later termed it bogus in the Sindh High Court.

In a reply before the Sindh High Court in response to the petition filed by Muhammad Sohail for his posting, the Sindh government through the deputy secretary of Malir Development Authority (MDA) confirmed the initial appointment and promotions of the petitioner as fake, bogus and in contradiction with the Sindh Service Rules and Supreme Court’s orders.

Mohammad Sohail has enjoyed the position of director general (DG) of Malir Development Authority (MDA) for many years. The Sindh government in its official reply to the SHC said the claim of Sohail for his initial appointment is not correct and as per the available record of Sindh Local Government Department there are three different versions of his (Mr Sohail) appointment and as per the statement of secretary Local Government and secretary Services, General Administration and Coordination Department (SGA&CD) Sohail himself admitted before the highest judicial forum, Supreme Court of Pakistan that he was appointed as an administrative officer in grade 16 in DMC, Karachi East and later transferred by the Sindh Local Government Department as an administrative officer from the DMC East to Karachi Municipal Corporation (KMC) on June 6, 2001.

However, Mohammad Sohail in his petition had claimed that he was appointed as the deputy director (Information) in grade 17 at DMC, East Karachi on November 29, 1997 and after the promulgation of Sindh Local Government Ordinance 2001, many government departments were devolved under the umbrella of City District Government Karachi (CDGK), including Malir Development Authority which was devolved as the project of CDGK namely Malir Development Project. (MDP). While serving at the City District Government, Karachi (CDGK) he was promoted to as deputy district officer of grade 18 on February 1, 2005 when the Malir Development Project (MDP) was the project of City District Government and he was transferred to the said project MDP, however in 2006 the Malir Development Authority (MDA) was revived and the then City Nazim as chairman of MDA permanently transferred all the officers working in the MDP project to MDA with their seniority, promotions and all other benefits, enablig him to become a permanent employee of the MDA against the post of deputy director (Estate and Enforcement). Afterwards he was promoted to grade 19 on February 27, 2010 and then to grade 20 as member (Administration and Land) on March 11, 2013 in accordance with the recruitment rules of MDA.

Sohail further submitted at the Sindh High Court that in the case pertaining to the allotment of land to Bahria Town, the Supreme Court of Pakistan took exception of his transfer and posting as director general of MDA on August 1, 2016 directing the Sindh government to de-notify him as DG MDA and repatriate him to his parent department, however he was held to be entitled to the seniority along with his batchmates. He reported back to the KMC which fixed his seniority with the batchmates Rehman Rajput and Abdul Jabbar Bhatti, both of whom were promoted to grade 20. But the KMC informed the Sindh government that there was no grade 20 post and was declared as surplus employee. Finally, he was absorbed in the MDA as additional director general on a a non-cadre post.

The Sindh government rejecting his claims at the SHC and submitted that since he was the employee of DMC East, Karachi so he cannot be promoted by the City District Government and there are two promotion orders available on official record, both with the same file, bearing similar outward numbers and date of February 1, 2005. In one order he was shown promoted to grade 18 with immediate effect and in the other he was shown promoted to grade 18 as deputy district officer Sports and Culture with effect from February 26, 2004.

In its official statement, the Sindh government declared Sohail’s absorption in MDA as false and bogus.

The official statement of Sindh government further says the public relation officer (PRO) of MDA informed the secretary Local Government that five officers, including Mohammad Sohail were working on deputation in MDA, who may be repatriated in compliance with the Supreme Court’s order and was transferred from the KMC to MDA on January 19, 2006. Surprisingly here again two orders for Mohammad Sohail with the same outward numbers and same date are part of the official record. In one he was shown as deputy district officer, while in another order as additional district officer with MDA.

The Sindh government’s statement added that he was the employee of DMC East but was promoted by the MDA to grade 19 in 2012 and promoted to grade 20 in 2013. The proper record of his promotions is not available in the MDA, however, whatever record is available, it shows that a DPC was held in 2010, wherein three officers, including Mohammad Sohail were cleared and recommended for promotions to grade 18 and 19 and a summary to the chief minister was floated for the approval of the DPC recommendations.

Meanwhile two MDA officers filed an appeal with the secretary Local Government against these promotions, which stopped these said promotions and another DPC was held which recommended four other names, excluding tht of Sohail, who was once again promoted to grade 20 on a new specially-created position as member (A&L) despite the fact he was not employee of the MDA and was not the senior officer of grade 19 in MDA. The Sindh government before the Sindh High Court concluded that despite the clear order of Supreme Court regarding the repatriation of Mohammad Sohail, he did not join his parent department DMC East, instead two letters were illegally sent by KMC to secretary Local Government on September 23, 2016 that Sohail has requested them to join KMC but he may be placed in surplus pool, granted grade 20 and allowed to draw salary from MDA. The KMC sent another letter to the secretary Local Government on October 4, 2016 advocating that the Sohail’s seniority was determined with his batchmates.

Muhammad Sohail in his version repeated the same story of his petition and declared his initial appointment, all promotions and postings as genuine and according to the service laws

Apart from the claims of Muhammad Sohail and statement of Sindh government, a case under FIR 116/2000 was lodged at the Police Station New Town by the then deputy commissioner East, Karachi and administrator of DMC East, Karachi Khusrau Pervez mentioning the appointment of Mr Sohail as bogus; the said FIR was concluded by the New Town Police and sent the matter to the Sindh Anti-Corruption Establishment (ACE) for proper investigation of the issue but the same issue was hidden by the ACE officials.

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