Citation Name: 2024 YLR 247 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dr. Engr. IMRAN HAMEED DURRANI vs

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Citation Name: 2024 YLR 247 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dr. Engr. IMRAN HAMEED DURRANI VS The CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA art. 199---Constitutional petition---Governance and administration, standard of---Summary for transfer of the project---Defective approval by competent authority---Petitioner (Chief Engineer), being Project Director of Quetta Water Supply and Environmental Improvement Project ('QWSEIP'), had floated the tender for the contract of "New Waste Water Treatment Plant/Plants in Quetta" ('project-in-question')---Summary was initiated by the additional Chief Secretary ('aCS') to other Officials (respondents ) for shifting of the said project from Project Director QWSEIP to the Quetta-Water and Sanitation authority ('Q-WaSa')--- Petitioner invoked constitutional jurisdiction of the High Court contending that the shifting of Project from QWSEIP to Q-WaSa would adversely affect its progress and eventually cause undue delay in completion of the Project---Validity---Record revealed that the Summary was opposed by the administrative Secretary i.e. Secretary PHED GoB, in the light of which (objections), the Chief Secretary, GoB, directed the Secretary PHED GoB and the aCS (Development) P&D Department, GoB, to discuss the matter amongst themselves and come up with an agreed proposal, however, further proceedings among the various departments carried mis-consideration/ misinterpretation of the attending circumstances and it seemed that the Chief Secretary, GoB, was not properly assisted and out of context he supported relevant para(s) of the summary which was subsequently approved; therefore, the basic decision for transfer of Project to Q-WaSa was result of defective approval by the Competent authority without considering the attending circumstances mentioned in the summary---High Court had been informed that a separate project Management Unit ('PMU') had been created to carry out the Projects of QWSEIP and the work of "New Waste Water Treatment Plant/Plants in Quetta" at University of Balochistan was one of component of QWSEIP and already this PMU of QWSEIP had executed other works of similar nature and scope in Quetta City, therefore no cogent or justifiable explanation was provided by the respondents to suddenly shift the said project to Q-WaSa which authority was already overburdened with the challenge of providing drinking water to the citizens of Quetta and maintain sewerage lines---Project-in-question was shifted which act itself spoke volumes about the level of governance and standard of administration being observed by the Government of Balochistan---Since the decision for shifting of the project had been approved contrary to the recommendations made in the summary forwarded to the Chief Minister, GoB, by the relevant authorities, therefore the transfer of project i.e. "New Waste Water Treatment Plant/Plants in Quetta" from QWSEIP to Q-WaSa was declared void ab initio and illegal---Constitutional petition was allowed, in circumstances.

Citation Name: 2024 YLR 247 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Dr. Engr. IMRAN HAMEED DURRANI vs The CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA art — 2024 YLR 247 QUETTA-HIGH-COURT-BALOCHISTAN

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