HYDERABAD: Counsel for a petitioner informed a division bench of the Sindh High Court Sukkur that the incumbent Sindh health secretary was holding the post of BS-21 in violation of Supreme Court’s directive for being a BS-20 officer.
Comprising Justice Zulfiqar Ali Sangi and Justice Riazat Ali Sahar, the bench directed the Sindh Chief Secretary (CS) to appear in person before the bench on Friday at 10 am along with details of the record of past five years of the Central Rate Contract System (CRCS).
The bench passed these orders while taking up three identical petitions on various matters of the provincial health department.
Regarding Petition No. 965/2024, Additional Advocate General (AAG) Ali Raza Baloch filed statements/compliance reports on behalf of health and finance secretaries which were taken on record and copies whereof were provided to the petitioner.
Petitioner Gulzar Almani advocate, who was appearing, also placed on record certain documents along with his statement which were taken on record and its copy was provided to the other side.
In Petition No.D-1819 of 2025, petitioner’s counsel Ghulam Shabbir Shar filed statement along with certain documents.
The court supplied its copy to the AAG, who sought time for filing comments on behalf of the respondents as well as compliance report on behalf of the chief secretary, Sindh.
The AAG also filed a compliance report in Petition No. D-2016/2024 of Ms Bakhtiar Khatoon who had approached the court regarding her differently-abled children’s healthcare problems.
He filed such report on behalf of the Department of Empowerment of Persons with Disabilities (DEPD) secretary and its regional director Sukkur, provincial health secretary and Sukkur deputy commissioner along with certain documents. They were taken on record and copies provided to the counsel for the petitioner.
The bench observed that “vide order dated Oct 23, passed in petition No.D-1819 of 2025, we had directed Chief Secretary, Sindh to furnish a report in respect of prayer clauses made in the said petition.
However, today neither Chief Secretary, Sindh nor his Focal Person is in attendance to respond to the queries of this Court, nor compliance report has been furnished.”
It noted in its order that prayer clause “C” of said the petition reflects that current secretary of the health department is an officer of BS-20 posted vide notification dated March 19. However, today, a notification No. SOI(SGA&CD)/01/8/93/(S-1)P.F dated 10.11.2022, issued by the Services, General Administration & Coordination Department, has been placed on record by petitioner counsel Shabbir Shar, whereby cadre strength/list of posts in each grade i.e., BS-21, 20, 19, 18 & 17 has been notified/classified.
In the said notification, it is clearly mentioned that the post of secretary health shall be of BS-21. Hence, there appears to be a clear violation of the judgment of the Supreme Court.
The court inquired from Ibrahim Memon, additional secretary/ incharge of the Procurement, Monitoring & Inspection (PM & I) Cell, Sindh government, regarding procurement of medicines and medical equipment under the CRCS by way of Quality Control-Based System (QCBS) for the last year as well as current year, and also regarding the cost of tenders of medicines and medical equipment.
But he failed in responding the queries raised by the court by showing inability and incapacity. It demonstrated, the court observed, his disinterest, inefficiency, and ignorance in discharging his official responsibilities, despite holding such a sensitive and responsible assignment. “This court expresses its displeasure over the conduct and attitude of the said officer,” read the order.
The bench directed the CS to be in attendance before the court on the next date of hearing along with compliance reports in terms of earlier court orders.
He was also directed to submit the cost details of the CRCS for the last five years in respect of the procurement of medicines and medical equipment separately.
The chief secretary shall also furnish a detailed report containing the names of successful bidders/ pharmaceutical companies and their owners with complete break-up, as well as the grievances of other contractors, if any, thereon, it said.
The bench fixed the matter for hearing on Nov 7 at 10 am. The officer(s) who were present in the Wednesday’s hearing shall also remain present on the next date of hearing.
It forwarded a copy of this order to the Sindh chief secretary by fax and AAG for compliance. The DC Sukkur shall also be in attendance on the next date of hearing.
Present in the court were Health Secretary Rehan Iqbal Baloch, DEPD Secretary Tuaha Ahmed Farooqi, Amjad Siraj, Health Procurement Committee Chairman Prof Gulshan Memon, Health Procurement Committee Member Ibrahim Memon, additional secretary health and others were present.
Published in Dawn, November 6th, 2025.