HYDERABAD: The Sindh High Court has come down hard on the provincial government for reappointing a Liaquat University Hospital officer as a director despite his removal by the judiciary over his undue promotions and questionable conduct in the past.

Issuing its detailed judgement that followed its October 3 order suspending a notification under which the officer was re-appointed, a division bench of SHC’s Hyderabad circuit expressed its displeasure over Singh government’s act of disregarding Supreme Court’s order on a petition against the officer, Abdul Sattar Jatoi.

“Sindh government must comply with SC’s order dismantling all illegal posts and instituting a transparent, merit-based system for future appointments. There must be accountability measures in place to prevent further abuse of power and ensure that public funds are directed toward improving healthcare services rather than benefiting politically connected individuals,” the bench comprising Justice Zulfiqar Ali Sangi and Justice Amjad Ali Bohio said.

According to the bench, the health department is in a state of crisis, crippled by corruption, mismanagement, and creation of illegal, person-specific posts created to benefit monetarily/politically connected individuals rather than filling up important and critical roles with qualified professionals. And as a result, health system has become ineffective, failing to deliver adequate services to suffering masses.

Questions reposting of Abdul Sattar Jatoi as LUH director, calls him ‘blue-eyed and treasured civil servant holding person-specific post’

In its 11-page order passed on Thursday and released for reporting on Friday on the SHC website, the bench ruled: “We do not find speaking order or cogent reason assigned for exonerating respondent [Abdul Sattar Jatoi] in order issued in his favour. Fate of inquiry and exoneration order will be decided on next date after hearing parties”.

The bench noted that “even after passing of clear and specific pronouncement / decisions regarding unprecedented and unwarranted service projection of respondent-7 (Abdul Sattar Jatoi) by two courts, the favoritism and nepotism of delinquent authorities within Sindh government’s health department and SGA&CD, who were in fact truly exposed, as despite of above reproduced judgements, delinquent officials continued to illegally favor and benefit respondent to detriment of general public and public exchequer, by advancing illegitimate favors to respondent”.

The order said it was done even after lapse of about 14 months, since passing of above referred judgement (2022 SCMR 550) of Supreme Court dated Jan 10, 2022, “this blue-eyed and treasured civil servant of health department was still continuing to hold unlawful and person specific post specially created for the cherished official of health department’s development wing against law and judgements pronounced in respect of respondent which is evident from notification issued in this regard that too after cognizance taken by this court at Sukkur, removing respondent”.

The order said: “despite SC’s Jan 10 order respondent was still occupying position illegally and unlawfully in gross violation and in complete disregard to SC’s verdict”. It said he was removed from the post only after Sukkur bench’s order and directed to report to development wing of health department.

The bench said that when it transpired that even after passing of over 14 months, he was illegally holding on to such person-specific post despite clear findings of the Sindh Services Tribunal merging into SC’s order, and his holding of such person specific post in complete defiance of SC’s judgement speaks volumes about “influence he has over provincial bureaucracy and departmental hierarchy”.

It said “no wonder health department, is in a state of crisis, crippled by corruption, mismanagement, and creation of illegal, person-specific posts. These posts are created to benefit monetarily or politically connected individuals rather than filling up important and critical roles with qualified professionals.

It said that “creating person-specific posts, designed to accommodate individuals based on political affiliations, personal connections, or bureaucratic favouritism. These appointments bypass merit-based hiring procedures, allowing unqualified individuals to occupy senior key positions. This practice is illegal and goes against principles of good governance, yet it continues unabated due to influence of powerful people in bureaucracy and government.”

The bench said that the SC had given numerous rulings mandating merit-based appointments in public sector, but these legal mandates were routinely ignored by provincial health department where political considerations take precedence over legal requirements and welfare of people. It said that impact of this mismanagement was felt most acutely by public. Hospitals, especially in rural areas, were in deplorable condition, lacking even most basic facilities. Patients are often forced to travel long distances or seek private treatment which many cannot afford.

“The individuals unlawfully occupying these illegal posts are not only unqualified but pose a significant threat and risk to entire healthcare system,” the bench observed.

The bench referred to SHC principal seat’s order passed in 2022, directing the Sindh chief secretary that in matters relating postings of civil servants “who are facing NAB references / proceedings based on moral turpitudes, have strictly restrained posting of such civil servants, that they shall not be allowed to carry out financial undertakings in any manner of whatsoever nature.

Published in Dawn, October 7th, 2024