Wapda chief for sending cases to NAB

ISLAMABAD: The Chairman, Water and Power Development Authority, Lt. General Muzammil Hussain (retd) has recommended to the federal government to send the cases of 26 serving and retired officers of Wapda, allegedly involved in corruption in Kachhi canal projects to National Accountability Bureau (NAB), official sources told Business Recorder.

The federal cabinet, however, has decided to constitute a committee headed by the Minister for Water Resources for suggesting an implementation mechanism of the findings of the report.

The Ministry of Water Resources in its summary to the federal cabinet has stated that due to inordinate delay and huge cost overruns, the CCI ordered in its meeting held on February 29, 2016, to conduct an inquiry by a high powered committee to investigate the irregularities and corruption of Kachhi canal project and fix responsibility on delinquent elements.

The committee submitted its report in January 2017 and noted serious irregularities and lapses in planning, design, bidding and execution of the project as causes for cost and time overrun.

While considering the inquiry report, the CCI in its meeting held on May 2, 2017 decided: “Ministry of Water and Power to implement recommendations of the inquiry report in letter and spirit and refer the case to Cabinet for decision on actions to be taken against those responsible”.

Accordingly, the then Ministry of Water and Power requested the Planning, Development and Reform Division and Wapda to take action on the relevant recommendations of the inquiry report.

Wapda, in its assessment of the inquiry report submitted that the inquiry report ascribes collective responsibility of delinquent officers over a long period. In the absence of the precise determination of loss/damage and corresponding apportionment of the responsibility of each accused, it would be difficult to initiate any sort of proceedings. Resultantly, there is a need to carry out an additional exercise to quantify the damages caused to the public exchequer as well as the attribution and apportionment of it vis-à-vis the delinquent officers named in the report.

The Ministry of Water Resources argued that since determination of loss/damage and corresponding apportionment of responsibility against accused is yet to be worked out the matter may be referred to the committee or a newly constituted committee to quantify the extent of damages caused to the national exchequer. The Ministry further argued that depending upon the nature of violation, appropriate measures may be taken by the respective Ministries/ Divisions/ Departments such as filing recovery suits, taking actions at departmental, civil or criminal judicial / quasi- judicial forums or as proposed by Chairman Wapda the case may be referred to National Accountability Bureau which has jurisdiction and can proceed against retired/ in-service persons as well other non-government individuals. However, the advice of Ministry of Law, Justice and Human Rights may be obtained in this regard, if deemed appropriate.

A steering committee headed by Justice Tassadaq Hussain Jillani, former Chief Justice Supreme Court of Pakistan and comprising the then Secretaries of Water and Power, Younus Dagha, Planning and Development, Yousuf Naseem Khokhar and Dr. Waqar Masood, Secretary Finance, had observed that in the Kachhi Canal Project unfortunately the procedure adopted was totally in reverse order. This has been one of the major reasons for delay and cost overrun. In these circumstances, the committee suggested that the Ministry of Water and Power and Planning should in future ensure that the sponsoring agency and all the concerned divisions of the Ministries follow the procedure laid down in the Project Development Manual.

The sources said, in 2013, second steering committee was constituted by the Planning Commission under the chairmanship of Chief Secretary Balochistan on April 19, 2013 with members Engineer-in-Chief Pak Army, Member (I&M) Planning Commission, Addl. Chief Secretary (Dev) Balochistan, Addl. Secretary, Finance Division, Addl. Secretary W&P Division, Chairman WAPDA, Secretary Irrigation Department Balochistan and Chief (Water) Planning Commission.

It was noted that the mandate of both the Steering Committee (SCs) constituted for the project remained vague, and no clear role was assigned to the SCs. Nevertheless, the 2nd Steering Committee met for 6 times from April 2013 till May 25, 2016. During this period, the committee remained active and it was during this time that much of the progress was achieved on the project. The Committee also took important decisions to speed up the progress and overcome bottlenecks and issues. Some of the important decisions taken by the committee included termination of M/s Habib Rafiq (Pvt) Ltd, Submission of 2nd Revised PC-I (Phase-I) of the project, WAPDA to take action against M/s SMADB-Lilley-Shahrukh JV, Contractor of Contract KC-04, WAPDA being executing agency should take action in accordance with the provisions of the contract and strictly on merit.

The committee suggested that since Phase-I of the project is at the final phase of its completion the working of the Steering Committee should be revamped to make it more effective. All the former Chairmen of WAPDA attributed non-availability of funds and the resultant delay to lack of political ownership. The committee had proposed that the Minister for Planning & Development should head the Steering Committee which should meet every month. This is necessary for two reasons: firstly, it would be reflective of sustained support of the Federal government and political ownership of the project and secondly the Minister can be more effective in ensuring timely releases of requisite funds.

Secretary Wapda, in its letter to federal government, stated that officers to be proceeded against as per the inquiry report fall in these categories:- (i) four serving WAPDA officers who are to be proceeded against as per E&D Rules by WAPDA; (ii) 19 retired WAPDA officers who cannot be proceeded as per E&D Rules and are to be subjected to recovery suits in Civil Courts, by WAPDA; (iii) five retired government officers who do not come under WAPDA purview and are to be subjected to recovery suits in Civil Courts, by the Minister of Water and Power; and (iv) one individual Consultant who is to be subjected to recovery suit in Civil Courts, by WAPDA.

As the inquiry report also ascribed collective responsibility of the delinquent officers over a long period of time, Wapda argued that it is essential to inquire into and determine/ quantify extent of damage/corruption for each individual to prosecute them in a court of law, being mostly retired now.

Wapda, in its letter recommended the following options: (i) the cases of delinquent officers (all now retired) appointed by the federal government are to be dealt with by Ministry of Water and Power for issuance of Charge Sheet/letter of explanation at their level; (ii) all the delinquent officers (serving and retired) named in the report relating to WAPDA may be charge- sheeted/ issued letter of explanation and a committee be constituted to quantify the extent of damages caused to WAPDA and national exchequer; and (iii) subsequently, appropriate measures be taken depending on the nature of violation, such as filing of recovery suits, taking actions at departmental, civil of criminal judicial/ quasi-judicial forums.

Wapda further added that in view of the magnitude of public funds and the offences identified by the inquiry committee, preferably the cases may be referred to National Accountability Bureau which has jurisdiction and can proceed against retired/in service persons as well as other non government individuals.—MUSHTAQ GHUMMAN