KARACHI: The Sindh High Court has asked the Sindh advocate general to satisfy the court on the provincial government’s proposal to return to the endowment fund ‘from other heads’ an amount of Rs51.95 million that had been released for scholarships of individuals on the directive of the chief minister of Sindh despite objection of the department concerned that such cases did not fell within the ambit of endowment funds.

A single bench headed by Justice Salahuddin Panhwar sought arguments from the top provincial government law officer after he admitted that Rs51.95 million was released to the individuals on the CM’s directive and also filed an undertaking on behalf of the Sindh government offering that such amount would be credited to the ‘endowment fund from other heads’.

While hearing a petition regarding implementation on the child protection and orphans laws as well as their education, the bench on Feb 4 directed the chief secretary of Sindh to ensure that all such illegal scholarships not endorsed by the secretary of education and schools education endowment department must be recovered from the 11 persons/students as they never fell within the criteria of orphans and poor.

Advocate General of Sindh Salman Talibuddin, while referring to the Feb 4 order, contended that the chief minister Sindh exercised powers under Section 24 of the Sindh Civil Servant Act while accepting the summaries of individuals.

He informed that the individuals included Zafar Ahmed Siddiqui, the president of the PPPP district central, Alamuddin Bullo, chairman, Anti-Corruption Establishment, Farooq Azam Memon, provincial secretary of minority affairs, Colonel Mujahid Hussain Mujahid, ACSO Bilawal House, Syed Manzoor Abbas, secretary of Katchi Abadies, Ms Iffat Malik, additional secretary-II, services, general administration and coordination department, and other civil servants to provide scholarships on meritorious basis.

The AG further contended that the court’s previous order reflected the names of those students, who were getting education on scholarships through special summaries and maintained that they possessed extraordinary merits hence they were qualified to get scholarships from the funds.

The bench observed that though the AG admitted that as per upper limit of annual income of Rs1.5 million, as provided under the Endowment Fund Rules, all the persons as mentioned in the court’s order were not competent to receive the same.

Mr Talibuddin maintained that this was case of first impression yet the Trust of Endowment Fund was not registered as well as Rules and Regulations were to be streamlined, hence the approval of summaries were not result of any malfeasance or misfeasance, but result of misunderstanding.

He contended that the amount, released in favour of 11 individuals, would be transferred to the Endowment Fund by the finance department from other heads as principal amount of endowment fund could not be utilised by any officer including the Board of Trustees.

A deputy secretary finance present in the court also confirmed that Rs51 million will be transferred.

The judge observed that the plea taken by the AG Sindh, whereby the approval of summaries for individuals (despite objection of the department), had been attempted to be justified.

Referring to Section 24 of the Sindh Civil Servants Act, 1973, the judge noted that this provision was always confined to service matter (s) which shall not stand extended in personal financial need or problems of the civil servants.

“Thus, I am not inclined to accept the plea that Government, per section 24 of Sindh Civil Servants Act, 1973, has unfettered powers to intervene in personal affair (s) / liabilities of civil servants because the status of civil servant never rips away the personal (private) status of a person nor allows a civil servant to take any undue benefit of his status (civil servant) to discharge his personal liabilities which do includes education of his children.”

Referring to a Supreme Court judgment (2011 SCMR 408), the judge observed that the government could not avoid the court’s earlier order with regard to recovery of such amount and added that it was the time to examine the proposal of payment of such amount through some other head.

Accordingly, the bench directed the AG Sindh to satisfy the court on the said proposition.

When confronted, the AG admitted that through special summaries a sum of Rs.51.95 million from the allocation was released in favour of individuals.

However, he informed that the Chief Minister Sindh would not pass any new summary onwards and all scholarships would be dealt with by the Sukkur IBA and Karachi IBA Department to be regulated by the board of trustees.

Mr Talibuddin also submitted an undertaking stating that “In so far as allegations that have been made from the endowment fund on the basis of special summaries (fifteen in number) approved pursuant to Section 24 of the Sindh Civil Servant Rules 1973 it is respectfully submitted that as of the date hereof no special summaries allowing disbursement where the laid down criteria has not been met strictly shall be floated and approved.”

It further stated that the funds that have been disbursed during the year 2016-2017 to 2019-2020 on the basis of special summaries amounting to Rs51.955 million shall be credited by the government of Sindh to the endowment fund. (This, however, shall be subject to an affirmative answer to framed proposition).

It was further submitted that another summary for scholarship from the endowment fund in the sum of Rs7,113,264 was approved by the chief minister on Dec 21, 2019. This amount, however, has not been disbursed so far.

It stated that if the court was pleased to permit to release of this amount it shall also be credited by the Sindh government to the endowment fund.

The government also undertook to finalise the criteria for regulating the endowment fund for school education at the earliest on the same lines as the endowment fund for college education.

To bring an end to all such attempts as well materialising the undertakings of the government in future, the bench said “it is hoped that Chief Secretary shall ensure dressing up of the commitment / undertakings without much delay, preferably within two months, with compliance report.”

It also directed the Chief Secretary to ensure that the President Aga Khan University shall be nominated as member or Chairman of the Board of Trustees of the endowment fund.

The bench also directed the AG Sindh to ensure that communication of an, otherwise, clear order of the court to the quarter concerned that the additional secretary endowment Faqir Muhammad Lakho would neither be transferred nor harassed until endowment trust was registered.

It cautioned that any deviation shall be a defiance of the order of the court and concerned person shall expose himself to contempt proceedings and consequence of making a contempt.

Published in Dawn, February 17th, 2020