NAVEED ADNAN QURESHI Versus SUPERINTENDING ENGINEER

ORDER

SHAMS MEHMOOD MIRZA, J.--- This judgment shall dispose of the present writ petition as well as Writ Petition No.8398 of 2010 and Writ Petition No.16435 of 2014 as identical questions of law and facts have been raised therein.

2. This writ petition challenges the shifting of the Headquarter of Superintending Engineer, Muzafargarh Canal Circle from Multan to Muzafargarh vide notification dated 29.05.2004 issued by the Secretary, to the Government of Punjab Irrigation and Power Department.

3. Learned counsel for the petitioners contended that only the Governor of Punjab was competent to pass the order for shifting of Headquarter of Superintending Engineer, Muzafargarh Canal Circle from Multan to Muzafargarh. In this regard reference was made to Appendix 'A' Rule III, West Pakistan Delegation of Powers (Civil Services) Rules, 1962. It was further asserted that the building at Muzafargarh is still not complete and as such the office and the record along with staff cannot be shifted to Muzafargarh. The respondents have filed their report and parawise comments controverting the stance taken by the petitioners.

4. It is apparent from the reports submitted by respondents Nos.4 and 5 that the jurisdiction of Muzafargarh Canal Circle lies between the left bank of river Indus (District Layyah) and right bank of river Chanab (District Muzafargarh). The area of jurisdiction of Muzafargarh Canal Circle includes operation and maintenance of Muzafargarh Canal System, portion of Rangpur Canal System, all flood Bunds, improvement/protection works of river Chanab and river Indus along with Tounsa Barrage and its allied works. As such, the headquarter and the Canal Office Muzafargarh which were located in Multan were about 24 K.M. away from its area of jurisdiction. It is further apparent that Chief Minister on 19.12.1990 had already ordered for shifting of Headquarter of Superintendent Engineer Multan Circle from Multan to Muzafargarh. The respondents had also relied upon an order dated 21.02.2005 passed by Provincial Ombudsman for shifting of the Circle Office from Multan to Muzafargarh. The rationale given for shifting the Circle Canal Office from Multan to Muzafargarh was that the public will have any easy and direct approach to the Circle Canal Office without incurring extra expenditures.

5. In terms of Rule 6 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the appointing authority of a Civil Servant having a basic pay scale of 19 and above is the Chief Minister. Rule 3 of the Punjab (Civil Services) Delegation of Power Rules, 1983 reads as under:

All appointing authorities shall have the powers indicated in Appendix "A" in respect of the Government Servants whom they are competent to appointment.

Serial No.3 of the Appendix "A" stipulates that the appointing authority shall have full powers to declare a Government Servant's headquarter. A cumulative reading of the above referred provisions shows that the Chief Minister is competent to order for shifting of Headquarters of Superintending Engineer, Canal Office, Muzafargarh. The respondents have also relied upon notification dated 19.12.1990 whereby the Chief Minister had directed the shifting of the Headquarters of Superintending Engineer, Canal Office, Muzafargarh from Multan to Muzafargarh.

6. It was next contended that the PC-I for the construction of the building at Muzafargarh was not sanctioned. This assertion is also belied from letter dated 15.09.2006 (Annex R-IV) which shows that the Governor of Punjab had accorded administrative approval for the construction of office and residences for Muzafargarh Canal Circle and the expenditure thereof was chargeable to PC-1203. PC-I Form in this regard is also appended with the report of respondents Nos.4 and 5. Learned counsel for the respondents further contended that the Headquarter of Superintending Engineer, Canal Office, Muzafargarh has since been completed at Muzafargarh and is operational.

7. It is manifest from record that the shifting of Headquarter of Superintending Engineer, Canal Office, Muzafargarh has taken place in accordance with law and that the objections and assertions by the writ petitioners have no valid and legal basis. It was stated at the bar that Headquarter of Superintending Engineer, Canal Office, Muzafargarh has since been completed and is operational, which stance was not controverted by learned counsel for the petitioner. In the circumstances, the petitioners have not made out any case for interference by this Court in the decision taken by Government of Punjab to shift Headquarter of Superintending Engineer, Canal Office, Muzafargarh. This writ petition is accordingly dismissed.

ZC/N-47/L Petition dismissed.