| Citation(s) |
|---|
| 2017 SLG 1802 2017 SLD 1802 2017 SCMR 683 |
Supreme Court of Pakistan
Suo Motu Case No. 19 of 2016 and C.M.A. No. 7135 of 2016 inS.M.C. No. 19 of 2016 and C.M.A. No. 150-K of 2017 in S.M.C.No. 19 of 2016 and C.M.A. No. 172-K of 2017 in S.M.C. No. 19of 2016, decision Date : 24-03-2017, heard on: 14-03-2017
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, FAISAL ARAB, JUSTICE
Zamir Hussain Ghumro, Advocate-General, Sindh, Rizwan Siddiqui, Advocate Supreme Court, Mukesh Kumar, Advocate Supreme Court for Intervener (in CMA 150-K of 2017), Agha Wasif Abbas, Secretary Energy Department, Sohail Qureshi, Additional Secretary, Servic
Suo Motu Case No. 19 of 2016 and C.M.A. No. 7135 of 2016 inS.M.C. No. 19 of 2016 and C.M.A. No. 150-K of 2017 in S.M.C.No. 19 of 2016 and C.M.A. No. 172-K of 2017 in S.M.C. No. 19of 2016, decision Date : 24-03-2017, heard on: 14-03-2017
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, FAISAL ARAB, JUSTICE
Zamir Hussain Ghumro, Advocate-General, Sindh, Rizwan Siddiqui, Advocate Supreme Court, Mukesh Kumar, Advocate Supreme Court for Intervener (in CMA 150-K of 2017), Agha Wasif Abbas, Secretary Energy Department, Sohail Qureshi, Additional Secretary, Servic
SUO MOTO CASE NO. 19 OF 2016ANDCMA NO. 7135 OF 2016 IN S.M.C. NO. 19 OF 2016ANDCMA NO. 150-K OF 2017 IN S.M.C. NO. 19 OF 2016(Application for impleadment as intervener in the subject proceedings challenging the appointment/selection of Chief Eng
Law: Constitution of Pakistan, 1973
Section: 184(3)
(a) Sindh Coal Authority Act (VI of 1994)-------Ss. 3, 4, 6(1) 10---Sindh Government Rules of Business, 1986, Sched. II---Constitution of Pakistan, Art. 184(3)---SuoTHIS JUDGMENT PASSED BY: QAZI FAEZ ISA, JUSTICE:---.---Through an anonymous complaint serious allegations were made against the Sindh Coal Authority (hereinafter "the Authority") and the Energy Department of the Government of Sindh. It was alleged that persons were illegally employed in the Authority and huge amounts were embezzled from the projects that were being executed by the Authority. The complaint was placed before the Hon'ble Chief Justice of Pakistan and he was pleased to take notice of it on the judicial side under Article 184(3) of the Constitution of the Islamic Republic of Pakistan ("the Constitution") and the complaint was numbered and fixed in Court. This Court issued notices to all concerned, including the Government of Sindh ("the Government") and the Authority. Subsequently, some employees of the Authority also submitted complaints (CMA No. 7135 of 2016 and CMA No. 172-K of 2017) which added to the allegations made in the earlier anonymous complaint.2. Before attending to the complaints it would be appropriate to set out the relevant provisions of the Sindh Coal Authority Act (Sindh Act No. VI of 1994) (PLD 1996 Sindh Statutes 72) (hereinafter "the Act") through which the Authority was established. Section 6(1) of the Act stipulates that the, "general direction and administration of the Authority" vests in its Board. The Board, which is constituted under section 7 of the Act, comprises of:"(i) the Minister for Mineral Development, Sindh. Chairman(ii) the Additional Chief Secretary (Dev.) Planning and Development Department, Government of Sindh. Official member(iii) the Secretary Mines and Mineral Development, Government of Sindh. Official member(iv) the Secretary Finance Department, Government of Sindh. Official member(v) the Director General, Sindh Coal Authority Official member(vi) two Members of the National Assembly from Sindh to be nominated by the Assembly. Official members(vii) Four Members of the Provincial Assembly to be nominated by the Assembly. Official members(viii)…