Endowment Department: SHC orders finance secretary to ensure funds transfer in 15 days

Sindh High Court (SHC) has ordered Secretary Finance Sindh to transfer the allocated amount to the Endowment Department in 15 days. A single bench of SHC comprising Justice Salahuddin Panhwar issued these orders after Additional Secretary Finance submitted the compliance report with the shifting of funds to Endowment Department.

"Secretary Finance Department shall ensure that the allocated amount, released by Finance Department to individuals, shall be transferred to Endowment Department in fifteen days', a written order of the bench stated.

Ziauddin Junejo, Additional Advocate General (AG) Sindh contended that government officers due to their financial

constraints; for better education of their children applied for special aid and were not aware that such aid (payment) would be paid from the head of endowment fund hence the act of the official respondents was bona fide and only for the better education of their children and requested that recovery proceedings for such amount may be stopped.

The court observed that whether the Government has power to use the amount from another head (believed to be specified for specific purpose) to pay such like amount?

On such proposition, court maintained that AG Sindh has to be heard and plea of innocence, too, was/is requiring an affirmative answer to above proposition.

"The court is convinced that with-holding of recovery proceedings till next date of hearing (an answer to proposition) would be in all fairness," the order said.

Accordingly, the recovery proceedings for the amount, directly released to individuals, from head of endowment fund shall be withheld till next date of hearing, court declared.