2017 PLP (C (PLC(CS))

SYED MANSOOR ALI SHAH, C.J.

Through the instant petition, the petitioner challenges the appointment of respondent No.3 namely Fatima Sheikh, who was appointed as Director General, Child Protection and Welfare Bureau, Punjab on additional charge vide order dated 15.10.2014 issued by the Services and General Administration Department, Government of the Punjab.

2. Learned counsel for the petitioner while giving factual background submits that the Punjab Child Protection Bureau is established under the Punjab Destitute and Neglected Children Act, 2004 ("Act"). The Act envisages a Board of Governors of the said Bureau under section 6 of the Act, while under section 13 of the Act the Director General is appointed whose powers and functions are determined by the said Board. Under section 49 of the Act, Governor of the Punjab has promulgated the Child Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010 ("Rules").

3. Learned counsel for the petitioner submits that as per Rule 3 of the Rules method of recruitment, minimum qualification, age limit and other matters relating to the posting in the Bureau is provided in the Schedule to the Rules in the following manner:- SCHEDULE Functional Unit Name of the Post with Basic Pay Scale Appointing Authority Minimum Qualification and Experience for Appointment Method of Recruitment 1 2 3 4 5 6 Child Protection and Welfare Bureau

1. Director General (BS-19) Chief Minister By Posting from amongst DMG/Ex-PCS/PSS/PMS officers with five years experience in BS-18 or above. It is submitted that respondent No.3 is not from amongst the above mentioned groups and belongs to the Information Group as is evident from her appointment letter. She has also been appointed on additional charge while there is no provision for appointment of the Director General of the Bureau on additional charge under the Act or the Rules.

4. Learned law officer on the other hand submits that respondent No.3 was appointed as Director General because she was the senior most officer available at the time when the last incumbent was transferred out of the Bureau. He also submits that due to paucity of officers she was the best choice at the time, therefore she was given additional charge to the post of Director General. He also states that since her appointment respondent No.3 has improved the condition of the Bureau and performed well.

5. I have heard the parties and gone through the record of the case.

6. The appointment of Director General of the Bureau is provided in Schedule to the aforementioned Rules, which clearly states that only an officer from DMG/Ex-PCS/PSS/PMS Officers can be posted as Director General. Additionally, the Act and the Rules do not provide for appointment of Director General on additional charge. The appointment of respondent No.3, is, therefore, clearly in violation of the Act and the Rules. The reasons given by the learned law officer for appointment of respondent No.3 at the time does not meet the requirement of the law.

7. Even otherwise it is most disturbing to note that respondent No.3 has been appointed on additional charge, for the last almost three years, since 15.10.2014. This reflects poor governance on the part of Provincial Government.

8. For the above reasons appointment of respondent No.3 as Director General, Child Protection and Welfare Bureau, Punjab on additional charge is declared to be without lawful authority being in violation of the provisions of Act, as well as, the Rules. Respondent No.3 is therefore removed from the office of the Director General, Child Protection and Welfare Bureau, Punjab. Reliance is placed on Barrister Sardar Muhammad v. Federation of Pakistan and others (PLD 2013 Lahore 343) and (Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others (PLD 2012 SC 132).

9. Considering that respondent No.3 has been holding the post of Director General on additional charge since 2014, she will relinquish her charge before the close of the working hours today. In the meanwhile, the Board of Governors will deal with day to day affairs of the Bureau till the appointment of new Director-General by the Government.

10. This writ petition is allowed in the above terms. KMZ/T-10/L Petition allowed.