A petition has been submitted in the Sindh High Court against the appointment of Dr Mubarik Ahmed as Director General, Department of Plant Protection (DPP). The office order issued by Ministry of National Food Security And Research stated that Dr Mubarik had been given additional charge for the post of DG, DPP for three months or till the availability of regular incumbent of the post on February 14, 2014.
The Constitution Petition (CP) filed by Zubair against the establishment division, Ministry of National Food Security and Research, DG DPP and Assistant Director (Admin) DPP. The petitioner submitted that DG DPP was illegally occupying the office on additional charge basis without a regularly appointment Director General. As per Notification dated 16th January, 1986, (SRO 49 (1)/86, method, qualification and other conditions for appointment for the posts in DPP the post of Director General/Director/Plant Protection Advisor (BS-20) is to be filled either by promotion or direct appointment through a person having second class Master degree in Agricultural Science with specialization in Entomology or MSc in Entomology.
However, the Ministry of National Food Security and Research has failed to fulfill its obligations under the Rules to appoint a regular Director General, Department of Plant Protection either by promotion or by direct appointment. The petitioner submitted, the incumbent DG is an officer of Pakistan Agriculture Research Council (PARC), which is an autonomous organization altogether separate and distinct from DPP in terms of constitution and functions.
It said that since September, 2013, Dr Mubarik had been entrusted additional charge of the post of the Advisor and DG, which was being continued by issuing notification of continuation of additional charge for three months from time to time by the DG without lawful authority and in violation of section 35, Sl. No 127 of ESTA Code because the ED and the Ministry had not made any effort since September 6, 2013 for regular appointment of Advisor and Director General through Federal Public Service Commission.
Further, the extension is being given by an incompetent authority in as much as the notifications are signed by section officer even without any approval of competent authority. Moreover, the last notification of entrustment of additional charge of the post to the DG was issued on March 17, 2015 and it had already lapsed on expiry of three months on or about June 17, 2015, yet Dr Mubarik was continuing as DG, DPP without any notification.
The petitioner prayed to the court to declare all the acts/orders passed by the DG without lawful authority void ab-initio and legal proceedings under relevant law may be taken against him and also declare that the posting/continuation of the DG is contumacious, void, illegal, arbitrary and liable to be set-aside, while restrain the respondent DG from performing duties in any manner whatsoever.
The petitioner further prayed that the ED and the Ministry should also be directed to appoint regular Director General, Department of Plant Protection strictly in accordance with rules and in the meanwhile give additional charge to senior most technical officer of DPP. When contacted, high official in DPP, on a condition of anonymity said that Dr Mubarik had earlier refused to hold the position of DG, DPP for three months but later accepted this additional responsibility on the directives of concerned ministry. Moreover, he said that although he was presently holding this additional charge, he had neither availed any additional perks nor misused the post.
On the contrary, Russia has lifted the ban on the exports of Kinnow, potatoes and rice with his efforts besides he also convinced Iran not to place sanction on Pakistani mangos. Replying to a question, he said that Iran, who was importing mangos from single Pakistani exporter, lodged complaint against him through its ambassador that the said exporter was sending untreated mangos affected by fruit flies and also threatened to impose ban on Pakistani mangos.
In response to the said complaint, an Iranian delegation has been invited to visit other 28 hot treatment plants, which are established in Dr Mubarik tenure to pacify the agitation of Iranian authority. Consequently, Iranian authority has approved some 20 plants and they imposed a ban on their earlier mango exporting company. He said that exporter, facing ban from Iran, instead of improving their facility engaged in this unproductive activity indirectly, which would earn nothing but a bad name for DPP and its officials.
Furthermore, he said that before Dr Mubarik appointment, country had few ethylene chambers for ripening fruits, few packing houses and there was no concept to get funds from any government department for their project but now we had 50 ethylene chambers and packing houses besides DPP had got approval for Rs 230 million from Trade Development Authority of Pakistan for its two projects including farms reforms.
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