GOVERNMENT OF THE PUNJAB

COMMUNICATION & WORKS DEPARTMENT

(SOUTH PUNJAB)

Bahawalpur dated, March 21st, 2024

ORDER

(IN COMPLIANCE OF THE DIRECTION OF THE HONORABLE LAHORE HIGH

COURT, BAHAWALPUR BENCH, BAHAWALPUR DATED 07-12-2023 IN WRIT
PETITION NO. 9570/2023/BWP)
1. IN ATTENDANCE ON 10 -01-2024:

 Mr. Azaz Waheed, Deputy Director M & E, Bahawalpur for technical

assistance.
 Mr. Anwer Adil & Arshad Nadeem departmental representative with
relevant case record.
 Engr. Farooq Ahmad (Petitioner).
 Mr. Muhammad Imran, Law Officer.

2. BRIEF FACTS:

The petitioner vide titled writ petition sought relief to issue a direction
to the concerned office regarding clearance of his pending liabilities. He submitted
that he was assigned work 1-A for construction of academic Block-02 in CUVAS
Bahawalpur, and that was completed by him with in due time but the amount of
Rs.85,88,748/- is still out standing against respondents. Therefore, he prayed that
the respondents No. 4 & 5 (Chief Engineer Building Department, South Punjab,
Lahore & Executive Engineer Building Division No-1 Bahawalpur) may be directed
to immediately release the outstanding amount of petitioner regarding work done by
him, without any further delay. The Honorable Lahore High Court, Bahawalpur
Bench, Bahawalpur disposed of the matter on the request of petitioner “that he
would be satisfied, if copy of this petition, along with all the annexures, is sent
to respondent No. 3, Secretary Communication & Works Department, South
Punjab, with direction to treat it as representation and decide the matter

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strictly in accordance with law, after hearing petitioner and all concerned,
through speaking order within period of thirty days from the date of receipt of
certified copy of this order."

3. PROCEEDINGS:

The matter was fixed for the personal hearing on 10/01/2024,

06/03/2024, 13/03/2024 and was heard in the office chamber of the undersigned at
03:00 pm, attended by the above mentioned in person. Arguments were heard and
record was perused. The petitioner strongly pressed his initial request that the Chief
Engineer, Buildings Department, South Punjab, Lahore & Executive Engineer
Building Division No-1, Bahawalpur may be directed to release the outstanding
amount of petitioner regarding work done by him, without any further delay. He also
submitted an Affidavit that no enquiry or proceeding before the Anti-Corruption
Department was suggested against the petitioner up till now. Furthermore, on
18/03/2024, he submitted a written request to this office to withdraw his
representation forwarded by the Honorable High Court in the instant writ petition
vide judgment dated 07.12.2023.

The Departmental Representative briefed that the petitioner has filed a

W.P No 732-23/BWP cited as subject in the Honorable Lahore High Court,
Bahawalpur Bench, Bahawalpur regarding his pending liability of amount to
Rs.85,88,748/-. The instant writ petition was disposed of vide order dated
19.10.2023 with the direction to the Secretary, Livestock & Dairy Development
Department, Lahore to decide the application in accordance with law. Accordingly,
the Secretary Livestock & Dairy Development Department, Lahore disposed of the
same with the direction to C&W Department to process the case of applicant /
petitioner at the earliest after fulfillment of all codal formalities in accordance with the
approval made by the DSC and proceed accordingly. He further added that the
Committee constituted also endorsed the work of the petitioner, and the demand of
funds has been made to the Livestock & Dairy Development Department, Lahore.
As soon as the funds are received / released, the pending liability of petitioner shall
be cleared. He further submitted that the FIR No. 12/2020 dated 14/03/2020,

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regarding the scheme is lodged and now the matter is also sub-judice before the
Anti-Corruption Court, Bahawalpur.

4. DECISION:

The fact is evident from discussion above, perusal of record and laws
and field report, that the funds are required to clear the pending liabilities of the
petitioner for which the Executive Engineer, Buildings Division No.1, Bahawalpur
has already demanded funds from the client department; Livestock and Dairy
Development Department, Lahore. Moreover, it is worth mentioning here that as per
Rule of Business, Government of the Punjab, amended up to 2011, this office is not
empowered to allocate any funds for any scheme. Furthermore, an FIR is lodged
regarding the said scheme and now the matter is sub-judice before the Anti-
Corruption Court. Besides that, the petitioner has also submitted his request to this
office to withdraw his representation. Hence, in light of the aforementioned facts, his
petition / representation is dismissed as withdrawn.

Announced and issued under my sign and seal below.

JAWAD AKRAM (PAS)

SECRETARY
COMMUNICATION & WORKS
DEPARTMENT
(SOUTH PUNJAB)

C.C.
i. Deputy Registrar Lahore High Court, Bahawalpur Bench, Bahawalpur w.r.t
order dated 07-125-2023 in W.P No.9570-2023
ii. Chief Engineer, Buildings Department (South Zone), Lahore.
iii. Superintending Engineer Building Circle Bahawalpur
iv. Executive Engineer, Building Division No 1, Bahawalpur
v. Engr. Farooq Ahmad (Petitioner)

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