Punjab energy, health and chief secretary, were summoned by the Lahore High Court on Thursday for the February 14 hearing in person for writing ‘derogatory proposals’ to Punjab Chief Minister Shahbaz Sharif against all courts of Punjab in an enquiry report on the termination of head clerk of Khanewal EDO Health Office and others due to embezzlement. Justice Khalid Mehmood in his 3-paged order observed that the court would also summon the CM later to inquire why an action had not been taken against the said secretaries when their report had clearly mocked the courts. The court was hearing a case filed by Khanewal Health EDO Office Head Clerk Umer Hayat against his termination in the embezzlement case against Khanewal Health EDO Dr Muhammad Hussain Naqvi and others after an enquiry was carried out by the said secretaries.
Hayat had contended that the content of the report revealed what the secretaries thought of the courts. In his order the judge noted with displeasure that the “contents of enquiry report conducted by secretary energy, a senior functionary of the province, opined as under: “Government’s executive authority and effectiveness has been greatly undermined over the last few years due to courts’ and service tribunals’ interference in purely executive functions like posting and transfers, disciplinary proceedings, procurement etc in all these spheres, there are adequate avenues for redressal of grievances within the executive framework and it is needed to be recognised and respected by the judicial forums. In the instant case, government was embarrassed twice, first a stay order was issued against the transfer of health EDO by the LHC, and once it was vacated after a month, a fresh stay order was issued by provincial services tribunal. It took four more months to get the seat vacated and give charge to new EDO. An EDO assuming the charge such circumstances would hardly feel secure or confident in discharge of his duties. Same is happening every day in hundreds of cases in other departments. So its time that provincial government takes up the issue with appropriate levels in the judiciary and services tribunals for fresh demarcation of the respective spheres and a mutually agreed policy”.
The judge noted that “prima facie it seems that all these officials were in agreement with report of the secretary energy as till today no action had been taken against the secretary energy by any officer including chief secretary and the chief minister. The court held that the proposal given by secretary energy was against the fundamental rights of the citizens guaranteed in the constitution and as such government officials could not be allowed to usurp or infringe the rights of citizens of Pakistan. It seems that secretary energy and secretary health were trying to malign the courts all over Punjab and this shows the mind set of the concerned policy makers of the province. It is the usual practice of the government’s senior officials not to implement courts’ orders.” With these observations the judge issued show cause notice to secretary energy and secretary health for Feb 14 and also summoned chief secretary to explain why contempt of court proceedings should not be initiated against them. The court suspended all actions in the case till the next hearing.
