Commissioners, DCs, nonengineers to quit as PDs in Balochistan

Balochistan High Court has upheld the opinion of the Pakistan Engineering Council (PEC) that only registered engineers can pilot engineering projects in the province and thus all non-engineers posted as project directors are unlawful and against the requirement enshrined by the Planning Commission and the act of the council. With the decision of the court around 60 project directors at various levels in Balochistan will surely be removed and vacant posts may be filled with the engineers registered with the PEC. The order of Justice Naeem Akhtar Afghan, the Chief Justice of Balochistan disposed of Constitution Petitions 1317 of 2019 and 1496 of 2020 as identical,  questions of facts and law are involved in both petitions.In amended CP No. 1317/2019, the petitioner Hafeezullah (an Electrical Engineer) has claimed the following relief:”It is accordingly respectfully prayed that the record of all projects (125) run in Balochistan be called and securitized, after that the appointments of Project Directors, Project Engineers, and Project Staff declared void ab-initio and may cancel it and the respondents are directed to process the appointments in the transparent manner of Project Directors, Project Engineers and Project Staff within the guidelines of Planning Commission of Pakistan and judgment of this Honorable Court dated 11.06.2018 in the case C.P No. 228/2018 and also declared nullified the appointment of respondent No.6, in the interest of justice, fair play, and equity  The amended prayer says: if this Honorable Court deems fit direction may kindly be issued for making appointment of Project Directors and all other project staff B-16 and above though well repudiate Testing Service or through Balochistan Public Service Commission in a free, fair and transparent manner in the interest of justice ‘.In CP No. 1496/2020, the petitioner (PakistanEngineering Council) has challenged the appointment of Divisional Commissioners and Deputy Commissioners as Project Directors by the Planning and Development Department, Government of Balochistan(‘GoB’) for different development projects vide Notifications dated 17.10.2018 and 17.02.2020 and has claimed the following relief: That in view of the foregoing submissions, it is humbly prayed that this Honorable Court may be pleased to declare that the Impugned Notifications an illegal and of no legal effect being violative of Section 27 of the PEC Act, 1976, directives of the superior courts and the guidelines provided in the Planning Commission Manual regarding the appointment of Project Directors, direct respondents to ensure the appointment of appropriately qualified engineers as Project Directors for all engineering projects and submit a compliance report to this Honorable Court within a reasonable time and grant such other relief as may be warranted.CP No.1317/2019 had been contested by respondent No.6 Muhammad Imtiaz Buzdar (Civil Engineer) on the basis of available records without filing a counter affidavit.In both the petitions, learned AAG appearing on behalf of the official respondents contended on different dates that GOB has drafted a Policy for the appointment of Project Directors but the same has not yet been approved by the Provincial Cabinet due to which both the petitions were repeatedly adjourned anticipating approval of Policy by GOB.Due to an inordinate delay in the approval of the Policy for unknown reasons, it was opted to hear learned counsel for the parties, learned by AAG as well as Qazi Abdul Rasheed Ex. Vice Chairman, Pakistan Engineering Council (‘PEC’)/presently Member of Enrollment Committee PEC Quetta.After hearing learned counsel for the parties, learned AAG, and Qazi Abdul Rasheed, Ex-Vice Chairman PEC, we have perused the available record.The petitioner Hafeezullah had agitated his grievance against respondent No.6 Muhammad Imtiaz Buzdar with regard to his appointment as Project Director PMU Cadet Colleges Balochistan by filing Service Appeal No.581/2017 before Balochistan Service Tribunal which was dismissed on merits vide judgment dated13.12.2017 declaring that the selection of respondent No.6 as Project Director PMU Cadet Colleges Balochistan was rightly made after due process and after approval from the competent authority.The above judgment passed by Balochistan Service Tribunal was challenged by petitioner Hafeezullah before Honorable Supreme Court which was also dismissed vide order dated 09.1 1.201 8.In view of the above, the relief claimed by the petitioner Hafeezullah in CP No. 13 17/2019 to cancel the appointment of respondent No.6 as Project Director PMU Cadet Colleges Balochistan cannot be granted and to that extent, CP No. 1317/2019 is held not maintainable.In view of observations made by this Court in the order dated 24.12.2020 passed in CP No. 1304/2020 about the conduct of examinations/tests by Candidate Testing Service (‘CTS’) and canceling all the process of Testing Service for the recruitment process, the relief claimed for by the petitioner Hafeezullah in CP No. 1317/2019 for selection of the Project Directors through PrivateTesting Services cannot be granted.In absence of any Rules/Policies and in view of guidelines for the appointment of Project Directors provided by the Planning Commission of Pakistan in “the Manual for Development Project (Revised 2019) issued by the Ministry of Planning, Development and Reform Government of Pakistan Islamabad” (hereinafter “the guidelines of the Planning Commission”) the relief claimed for by the petitioner Hafeezullah in CP No. 1317/2019 for appointment of Project Directors through Balochistan Public Service Commission cannot be granted.The apex court also declared in a 2018 judgment that only PEC-registered engineers can perform engineering works. Previously, in the case of Muhammad Aslam v. Government of Balochistan (CP No.228/2018), vide judgment dated 11.06.2018, the GOB was directed by this Court to follow the guidelines of the Planning Commission for posting/appointment of Project Directors for the projects.We have been informed by learned AAG that while drafting the Policy for the appointment of the Project Directors for the execution of the development projects in the Province of Balochistan, the guidelines of the Planning Commission have been considered and input has also been availed from the stakeholders.It is expected that the Provincial Cabinet and the GOB will finalize/approve the Policy for the appointment of the Project Directors for the execution of the development projects at the earliest in view of the guidelines of the Planning Commission and judgment dated 24.04.2018 passed by the Honorable Supreme Court.Learned AAG informed that Prime Minister’s Development Package for Quetta City has merged into Chief Minister’s Development Package for Quetta City and the impugned Notification dated 17.10.2018 issued by Planning & Development Department GOB assigning additional charge of the post of Project Director of the above project to Commissioner Quetta Division, which has been challenged by PEC in CP No. 1496/2020, is no more in the field and vide subsequent Notification dated 07.09.2022 issued by Planning & Development Department GOB, Mr. Rafiq Ahmed Baloch,Executive Engineer (B-18) C&W Department has been notified as Project Director for the project of “Chief Minister’s Development Package for Quetta City” Hence to the extent of Notification dated 17.10.2018 issued by Planning & Development Department GOB assigning additional charge of the post of Project Director to Commissioner Quetta Division for the project of “Chief Minister’s Development Package for Quetta City” CP No. 1496/2020 is held not maintainable.Learned AAG informed that Notification dated 17.02.2020 issued by Planning & Development Department GOB whereby all the Divisional Commissioners were appointed as Project Directors for “Establishment of Sports Complex at District Headquarters” on an additional charge basis as well as Notification dated17.10.2018 issued by Planning & Development Department GOB assigning additional charge of the post of Project Director  ‘Development of Sui Town Dera Bugti Project” to Deputy Commissioner Dera Bugti are still intact.The above two Notifications dated 17.02.2020 and 17.10.2018 were issued by the Planning & Development Department GOB for appointing Divisional Commissioners as Project Directors for “Establishment of Sports Complexes in different District Headquarters” and assigning additional Charge of the post of Project Director “Development of Sui Town Dera Bugti Project” to Deputy Commissioner Dera Bugti, being violative of the guidelines of the Planning Commission as well as the judgment dated 24.04.2018 passed by Hon’ble Supreme Court of Pakistan in CP No.78-K of 2015 are declared void and of no legal effect.Till approval of the Policy for appointment of the Project Directors for the execution of the development projects in the Province of Balochistan by the Provincial Cabinet/GoB, Chief Secretary GOB, Additional Chief Secretary (Dev:) Planning & Development Department GOB and Secretaries of all the Departments of GOB are directed to revisit the appointments of the Project Directors and to appoint Project Directors for the execution of the development projects in the Province of Balochistan in view of/’by following the guidelines of the Planning Commission and the judgment dated 24.04.2018 passed by the Hon’ble Supreme Court in CP No.78K of 2015 (reproduced in para-14).Copy of the order passed today may be also sent to the Principal Secretary to Chief Minister Balochistan.Both petitions are disposed of accordingly