HYDERABAD: The Sindh High Court, Hyderabad bench, on Thursday disposed of a petition filed by Sindh University Vice Chancellor Prof Dr Fateh Mohammad Burfat when it was informed that the provincial government had set up a new committee to look into the allegations of inefficiency, corruption and mismanagement against him.
The statement was made by Sindh Boards & Universities (SB&U) secretary Mohammad Riazuddin in response to the VC’s plea against his suspension.
The bench comprised Justice Nadeem Akhtar and Justice Irshad Ali Shah.
The secretary submitted the statement through Additional Advocate General (AAG) Allah Bachayo Soomro along with the June 26 notification regarding the setting up of the committee.
Mr Riazuddin informed the court that, in fact, action was taken against petitioner on some charges after approval of chief minister/chancellor under rules of business of government and Universities and Institutes Laws (Amendment) Act 2018.
According to the notification, the planning and development board (P&DB) chairperson, Naheed Shah Durrani, will head the probe committee.
Home secretary Abdul Kabeer Kazi and additional irrigation secretary Ghulam Ali Birhamani will be its other members. The committee will complete its probe in one month and submit its report to the Sindh chief minister.
He said that as regards contention in para-4 of petition that VC wholeheartedly took steps to improve standard of university, it did not absolve the petitioner from his involvement in illegal acts. About petitioner’s contention regarding action by the Enquiries and Anti-Corruption Establishment (E&ACE), the secretary offered no comments on the ground that the matter was sub-judice.
He, however, said that the E&ACE acted on CM’s direction and no coercive action was initiated against him.
Mr Riazuddin contended that the petitioner was handling public finances and this made him liable to be treated as a public servant. He said that a show-cause notice dated March 22 issued to him had been withdrawn. The new inquiry committee, he added, was being notified under Section 13(3) of the University of Sindh Act, 1972, as amended through Sindh Universities and Institutes Laws (Amendment) Act, 2018 to initiate the process of investigation.
The SB&U secretary said that this court had on June 10 suspended the operation of the May 30 and May 31 notifications and both of them had since been withdrawn. He said that action was to be taken in accordance with law to avoid deviation from statuary provisions in the probe against the petitioner.
Petitioner’s counsel, Advocate Rafiq Kalwar, argued that it was a third attempt by respondents against his client. Justice Nadeem Akhtar told him how could he [the counsel] prevent respondents from issuing a notification?
The counsel was told that if there was any legal defect in the notification, he could seek legal remedy.
The court disposed of the VC’s petition after the statement and notification was filed.
Published in Dawn, June 28th, 2019
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