STAFF REPORT
KARACHI: The Sindh High Court has issued contempt of court notices to Dr. Muhammad Fakhre Alam Irfan, Secretary of the Ministry of National Food Security & Research (MoNFS&R), and Mr. Muhammad Tariq Khan, Director General of the Department of Plant Protection (DPP). These actions pertain to the officials’ failure to implement a directive to appoint a Director Admin (BS-19) on a regular basis in the DPP as per departmental regulations notified by the Federal government.
As per documents, the controversy centers on Muhammad Qasim Khan Kakar, Director Research, BS-19 in Agriculture Research Institute, Agriculture and Cooperative Department, Government of Balochistan and currently posted against the post of Director (Admin), BS-19 in the DPP on deputation, despite the facts, he does not possess requisite qualification and experience to be appointed against the said post on deputation and blemished character because of several criminal and disciplinary cases pending against him. The ministry’s failure to appoint a regular officer against the post of Director (Admin) in the DPP prompted the court’s intervention.
Sources inside the DPP and M/oNFS&R revealed that Capt. (Retd.) Muhammad Mehmood, Ex-Secretary, M/o NFS&R made the requisition specific to the name of his favourite, Mr. Qasim Kakar to control administration and quarantine section particularly import of wheat in Pakistan like some previous secretaries and ministers for controlling the affairs of the DPP and collecting ill gotten money.
Rule 20 of Pakistan Civil Servant (Appointment, Promotion and Transfer) Rules, 1973 provides that an officer from provincial government can only be posted against the vacant civil post in the Federal Government if he possesses requisite qualification and experience against that post and most important, its requisition for appointment on regular basis has been forwarded to the Federal public service commission.
However, Capt. (Retd.) Muhammad Mehmood, a very controversial career being well known for blatant violation of rules and regulations and acts of corruption during his posting against any post, did not bother to observe Rule 20, clause 12.9 of ESTA Code and dicta laid down by the Honourable Supreme Court.
Capt. (Retd.) borrowed the services of his favourite Qasim Khan Kakar by name from ARI, Balochistan in sheer violation of dicta laid down by the honourable Supreme Court and clause 12.9 of ESTA Code which provides that requisition for posting against vacant post on deputation should be post specific not name specific because it bars right of other eligible officers in the service to be appointed on deputation.
Further, Mr. Qasim Khan Kakar possess qualification as Ph.D. in Plant Protection subject and holds experience of purely technical research work regarding agriculture whereas graduation in personnel management qualification and experience of administration are required for posting against the post of Director Admin in the DPP even on deputation which unmistakably shows that Mr. Qasim Khan Kakar cannot be appointed against the post of Director Admin in the DPP being lack of requisite qualification and experience.
Reports from credible sources within API, Balochistan unveiled that Qasim Kakar has made experience certificate with false and fabricated experience regarding administrative work in API to hoodwink the Establishment Division, M/o NFS&R and the DPP whereas, he has never worked against any post of administration in API. They also revealed that S&GAD Balochistan has notified qualification and experience for administration section and technical section in API Balochistan through two separate notifications because separate qualification and experience is required for appointment in Administrative Section and Technical Section of API. Administration section in API requires MBA qualification etc. for posting against admin post whereas, Mr. Kakar has been appointed in technical section of API for technical work only and does not possess MBA degree to work in admin section of API and has never worked in admin section of the API.
Furthermore, Mr. Qasim Kakar while posting as Deputy Director Agriculture Water Management (BS-18) in 2018-2019 on look after charge basis has been involved in misappropriation of huge official funds against construction of water tanks and channels for farmers which have never been construction and officials of the agriculture extension department has reported and confirmed the same to Deputy Commissioner, Qila Saifullah on the complaint and protest of the farmers of that areas.
Director General, API, Quetta has also initiated enquiry against Mr. Qasim Khan Kakar for misappropriation of official messy tractor, land leveler for the past two years and using them privately and mint money and renting of official residence to private NGO without lawfully authority and engulfed his rent and directed to return the official properties to the department. Mr. Kakar has also sold-out things purchase for lying of new sewerage in the API premises and iron under the garb of scrap, but no record is available in the API. Director General, DPP has also issued my explanation and memo for his lack of interest in administrative matters and undue interference in other sections without any lawful authority.
Mr. Kamran Tahir challenged the unlawful posting of Mr. Qasim Khan Kakar on deputation in the DPP against the post of Director Admin before the honourable High Court Sindh vide CP No. D-6034 of 2023 on the grounds that Qasim Kakar does not possess the requisite qualification and experience against the said post.
On 22-12-2023, in retaliation of petition against his unlawful act before SHC, Mr. Mehmood has entrusted the additional charge to Muhammad Qasim Khan Kakar against the post of Director Quarantine, BS-19 as per part of his clandestine plan to monitor and clearance of wheat in Pakistan without disinfestation and divide the treatment cost half and half between importers and him in sheer violation of conditions laid down in Clause 5.12 of ESTA Code.
The rules specifies that the additional charge to a government officer may be entrusted against a post which is vacant and identical and holds the same status and designation as the own post of that government officer holds whereas, this post was neither vacant nor identical with the post of Director Admin, BS-19 with regard to status and designation and this fact is explicitly evident from the separate conditions laid down by the Federal Government for appointment, promotion and transfer of Director Technical, BS-19 and Director Admin, BS-19 vide two altogether separate Notification S.R.O. 1332(1)/2021 and Notification No. F. 4-13/74-EIII (PP) dated 15th January 1980 respectively.
Thus, the Honourable High Court Sindh Karachi directed the Secretary, M/o NFS&R and Director General to initiate the process of recruitment by way of fresh appointment in respect of the post of Director Admin (BS-19) through Federal Public Service Commission as per conditions laid down in Notification No. F. 4-13/74-EIII (PP) dated 15th January 1980 not later than 90 days by passing order dated 13-02-2024 in the instant petition.
Rana Tanveer Hussain, Federal Minister, M/o NFS&R ordered surrendering of Mr. Qasim Kakar to his parent department i.e., API Balochistan on repeated complaints of corruption, nomination in criminal case for releasing one and half year old fully infested and substandard chickpeas shipment by taking bribe, misuse of authority, disobedience of senior officer orders, supporting corrupt officials of the DPP, use of political pressure for additional posting against post of Director Quarantine and unlawful posting of Mr. Kakar against the post of Director Admin in the DPP.
Syed Azeem Haider, Section Officer, Admin-II and Assistants in the Sections leaked this information to Mr. Qasim Khan Kakar that they have been ordered to put up case for his repatriation to his parent department and they can hold case for some time to get some political pressure on Ministry to take his order back or any injunction order from the court. so they held the compliance of Minister order for some time and Mr. Kakar put political pressure on the Minister and Secretary to withdraw their order regarding his repatriation. Finally, the Minister had to give shut up call to the section officer to issue order today.
In the meanwhile, Mr. Qasim Khan Kakar filed Suit No. 212/2024 before the honourable Sindh High Court and obtained order that no coercive action should be taken against Mr. Qasim Kakar till next date of hearing along with submission of para wise comments in the instant suit by Secretary M/o NFS&R and DG, DPP and Establishment Division. It is learnt that commercial fumigators and clearing agents Mr. Israr Khan and Mr. Hanzala Khan are bearing all expenses of Mr. Qasim Kakar suit. They have also managed unlawful posting of Mr. Qasim Kakar in DPP through Mr. Mehmood to promote illegal business of his companies. Mr. Israr Khan and Hanzala Khan have also influence in the PM office.
Sources inside the M/o NFS&R and the DPP revealed that Mr. Kakar has greased palms of Syed Azeem Haider and his assistants and they have delayed initiation of the recruitment process for appointment of Director Admin on regular basis in the DPP and surrendering services of Mr. Qasim Kakar to his parent department as per direction of SHC within 90 days and approval for the para-wise comments submitted by the DPP to submit the same in the said Suit pending before the SHC for more than four months to vacate the injunction order obtained by Mr. Qasim Kakar against his return to his parent department.
The court mandated the alleged contemnors to appear on August 6, 2024, to show cause against the application. Failure to comply will result in the matter being decided in their absence. The court order was issued on July 13, 2024. However, contemnors have not taken any action due to hurdles of admin section-II of M/o NFS&R in connivance with Kakar.
