IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
PRESENT: 
 MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
  
 MR. JUSTICE JAWWAD S. KHAWAJA 
  
 MR. JUSTICE SH. AZMAT SAEED 
 
CONSTITUTION PETITION NO.115 OF 2011 
Abdul Raheem Ziaratwal and another 
 
  …Petitioners 
Versus 
Federation of Pak. etc. 
…Respondents 
 
For the petitioners:  
Syed Iftikhar Hussain Gillani, Sr. ASC 
 Mr. M. S. Khattak, AOR, assisted by: 
 
 Barrister M. Saad Buttar, Advocate 
For Rspdt. Nos.1-4: 
Nemo. 
 
For Rspdt. Nos.5-6: 
Kh. Haris Ahmed, Sr. ASC 
Mr. Arshad Ali Chaudhry, AOR 
 
For Rspdt. Nos.7-8: 
Mr. Shakeel Ahmed Baloch, A.G. Balochistan. 
 
 
Date of hearing:  
16-18 & 22.7.2013. 
 
JUDGMENT  
 
  
IFTIKHAR MUHAMMAD CHAUDHRY, CJ.-  Constitution 
Petition No.115 of 2012 has been initiated under Article 184(3) of the 
Constitution of Islamic Republic of Pakistan, 1973.  
2. 
  
 Abdul Rahim Ziaratwal, General Secretary along with 
other office bearers of Pashtoonkhwa Milli Awami Party (PMAP), filed 
this petition, highlighting the poor living conditions of the people of 
Balochistan. It was averred in the petition that the Government of 
Balochistan 
(GoB) 
conducts 
an 
annual 
development 
program 
Const.P.115/12 etc. 
2
throughout the Province of Balochistan called the “Public Sector 
Development Program” (PSDP), which covers all development 
schemes, both ongoing and newly commenced. In this regard, the 
government follows the Manual for Development Projects (MDP) 
prepared and designed by the Planning Commission of Pakistan (PCP). 
In pursuance whereof, five programs were prescribed for preparation 
and implementation of the development schemes. As per the 
Development Manual, the Planning Division/Planning Department 
directs departments of the Provincial Government during the months 
of October/November to provide details of the proposed projects for 
inclusion in the PSDP after obtaining feasibility report, etc. The 
information so provided is then placed before a Committee of the 
Planning Department, which is supposed to scrutinize each and every 
scheme and approve all information for inclusion in the PSDP. The 
grievance in this case is that no such process has been adopted by the 
Planning Department and the PSDP was prepared in a very mechanical 
manner; therefore, public money was plundered by the holders of 
public office who were not open to any accountability. A number of 
schemes in various sectors of the PSDP were earmarked with 100% 
allocation; however, all such schemes were unapproved. According to 
the Petitioners, the government had been making public statements 
from time to time to the effect that they had spent 100% amount of 
PSDP for the year 2011-2012, whereas the fact remains that no 
amount had been spent in about 154 schemes and the government 
functionaries had embezzled and misappropriated an amount of Rs. 
6171.00 million. The non-development expenses were brought under 
the umbrella of development schemes, which is a clear violation of all 
Const.P.115/12 etc. 
3
settled norms of planning. Moreover, every MPA/Minister of the 
Province had been allocated an unprecedented amount of funds to the 
tune of Rs.300.00 million. The schemes against the allocated funds 
were selected by the MPA/Minister concerned without consent of the 
administrative departments to which the said schemes pertained. With 
the exception of a few parts of the province, the Petitioners contend, 
the MPAs have been provided excess funds but without any tangible 
development outcome. The Petitioners averred that there were many 
schemes in PSDP which were specific to individuals, rather than being 
designed and launched to benefit the community at large. The 
Petitioners believe that such schemes have been included to lure the 
prospective voters to vote in favour of these benefactors. Therefore, 
the Petitioners claim that public money was being spent in violation of 
the constitutional provisions and various laws enacted thereunder, 
including the General Financial Rules (GFR) of the Federal Government 
as well as MDP designed by the PCP. Lastly, it was prayed to declare 
as under:- 
(a) 
That the respondents are under obligation to spend the public 
money fairly, honestly and in accordance with constitutional 
guarantees to safeguard the interest of general public. 
(b) 
Due to shortage of water, priority of new schemes allocation 
should be given for water storage dames. 
(c) 
That the Government of Balochistan and its departments may 
be restrained from spending any amount shown in the PSDP of 
2012-13. 
3. 
 
On 22.10.2012, when the matter came up for hearing 
before this Court, learned counsel for the Petitioner as well as the 
Advocate General, Balochistan were asked to examine the matter to 
Const.P.115/12 etc. 
4
the extent of development work vis-à-vis the public funds which had 
been spent on the same, by getting them verified by involving a third 
party 
belonging 
to 
the 
Province 
of 
Balochistan 
including 
experts/engineers from the University of Balochistan, University of IT, 
Agricultural University, etc. In compliance of the said order, two 
notifications dated 25.10.2012 and 30.10.2012 were placed on record. 
However, learned counsel for the Petitioner expressed reservations in 
respect of notification dated 30.10.2012 and stated that in order to 
ensure transparency, the official persons i.e. the Chairman CMIT and 
Member Technical CMIT should be excluded. In light of this, the 
Government was asked to issue a revised notification. The committee 
was required to exercise their discretion to select schemes of a specific 
area. Furthermore, at least 25 projects/schemes in respect whereof 
the amount has been paid since formation of the government till that 
time were to be examined and report thereof to be submitted to the 
Court. By means of the same order, it was directed that allocated 
amounts would not be distributed with regard to unapproved schemes 
identified in PSDP 2012-2013 till further orders.  
4. 
 
On 04.12.2012, the learned counsel for the GoB filed a 
reply stating therein that in compliance of the order dated 02.11.2012, 
the departments had stopped work on the approved and unapproved 
schemes However, it was requested that the aforementioned order 
may be withdrawn. On 06.12.2012 the Court, after hearing both sides, 
passed the following order:- 
(1) 
The Government of Balochistan is allowed to utilize the funds for 
the schemes, which have already been indentified in PSDP 
2012-2013 and after completion of the process, now have been 
Const.P.115/12 etc. 
5
approved by the Planning and Development (P & D) Department 
against the budgetary allocation. 
(2) 
The amount shall be spent only to the extent of the budgetary 
allocation without making any increase in the same. 
(3) 
Similarly, the departments, which have indentified the schemes, 
shall be responsible to execute the same and no scheme shall 
be transferred from one department to another department at 
the behest of any Minister or political functionaries.  
(4) 
As reportedly, there is no Provincial Public Accounts Committee, 
therefore, we direct the Chief Secretary, Government of 
Balochistan to implement this order and ensure that no rule is 
violated and the schemes are properly executed to the extent of 
the budgetary allocation, which have been made, till the final 
disposal of this petition. 
(5) 
As this matter is of an important nature, therefore, parties’ 
counsel are required to exchange their pleadings, enabling this 
Court to dispose of the same on the next date of hearing. 
(6) 
It has been informed by Mr. Saleem Raza, Chairman of the 
Committee, constituted to ascertain as to whether funds have 
been utilized against the development schemes or otherwise, 
that primarily sufficient time is required for the completion of 
the task. 
5. 
 
The Inspection Committee undertook inspection of 55 
projects/schemes situated in various parts of the province and 
submitted report by means of CMA No.136/2013, which was made 
public vide order dated 11.01.2013. The GoB filed scheme-wise 
reply/comments on the report.  
S.
# 
Name 
of 
Schemes 
Observations Raised by Supreme 
Court 
Inspection 
Committee 
(SCIC) 
Comments 
by 
Various 
Executing Agencies 
1 
Construction of 
Road from N-
50 to Murgha 
Faqirzai 
(99 
Km). 
ID 
No. 
Z2003.1153 
I. The scheme has been revised 
five times by adding new link 
roads which is not a good 
practice and has affected the 
completion of the scheme since 
last 10 years. 
 
I. Scheme was originally 
approved 
during 
FY 
2003 -2004, later on 
during 
execution 
of 
work; 
scheme 
road 
length was increased at 
different stages, so that 
Const.P.115/12 etc. 
6
Executing 
Agency: 
C&W 
Deptt. 
Implementatio
n 
Status: 
Ongoing 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
II. Before 
completion 
of 
the 
assigned 
works, 
the 
flood 
damages contracts of the same 
road have been awarded. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
scheme 
can 
be 
concluded with a logical 
end. 
 
a. Link 
roads 
were 
added 
to 
the 
scheme, 
for the reason, to 
extend better road 
communication 
network facilities to 
nearby 
villages 
falling in the vicinity 
of 
the 
road 
alignment, which was 
also 
demand 
of 
general public since 
long. This inclusion 
of 
link 
roads 
has 
facilitated 
general 
public of the area.  
 
b. Delay in completion 
of scheme is due to 
insufficient 
releases 
during 
course 
of 
scheme 
implementation. The 
releases 
against 
scheme 
are 
not 
proportionate 
with 
the approved cost of 
scheme. If required 
level of funding i.e. 
Rs 
100.000 
Million 
additional 
funds 
during 
CFY 
2012- 
2013 
are 
provided 
and 
Rs 
142.946 
Million 
during 
FY 
2013 — 2014, are 
provided 
then 
the 
scheme 
can 
be 
completed by 30th 
June 2014. 
 
II. During Execution of 
work, flash flood was 
encountered, 
which 
damaged 
already 
complemented 
components of the 
scheme. Since under 
contract 
agreement 
there is no provision 
that flood damaged 
work 
on 
ongoing 
scheme 
will 
be 
reflected 
by 
the 
contractor, 
since 
being 
a 
natural 
disaster. 
Therefore 
flood 
damages 
contract 
was 
awarded to reflective 
Const.P.115/12 etc. 
7
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
III. 
Neither 
planning 
nor 
execution in a professional way 
has been carried out. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
IV. The works are in progress. 
Discrepancies were observed in 
dimension of the road as the 
width varied at different places. 
This 
omission 
should 
be 
removed by adopting a uniform 
alignment 
and 
payments 
be 
adjusted in the Final Bill. 
 
the 
damaged 
components and to 
ensure that damages 
are 
not 
repeated 
during floods. 
 
a. Work 
on 
damaged 
components 
could 
not 
be 
left 
unattended 
as 
scheme 
completion 
could 
not 
be 
achieved 
and 
remaining 
road 
components 
could 
not be carried out. 
b. If damages were not 
reflected, there were 
ample of room that 
in any future flash 
floods, 
already 
damaged 
portion 
could 
be 
severely 
damaged 
and 
reflection cost could 
be 
increased 
by 
many folds. 
III. 
Scheme 
was 
planned 
for 
completion 
within 
three years and the 
same was approved, 
but funds were not 
released 
in 
the 
approved manner as 
specified in approved 
PC 
- 
I. 
Due 
to 
insufficient 
releases 
the 
planning 
schedule has been 
revised repeatedly. 
 
a. Rate 
of 
funds 
releases 
have 
a 
direct bearing over 
physical 
progress, 
due to less releases 
and increase in scope 
of work, scheme is 
under 
execution 
since 
FY 
2003 
— 
2004. Under the said 
circumstances, 
fund 
releases 
dominate 
the planning. 
 
IV. Dimension 
of 
road 
various depending of 
traffic 
volume. 
However the width of 
road should not have 
been varied on main 
trunk 
road. 
This 
discrepancy will be 
addressed 
by 
the 
Const.P.115/12 etc. 
8
 
 
 
department. 
 
a. To 
adopt 
uniform 
width on main truck 
road, estimates are 
to 
be 
reviewed. 
Apparently 
uniform 
width on alignment 
cannot be adjusted in 
final bill as approved 
estimates are as per 
approved scope and 
item rates are as per 
CSR 1998. In case 
revision of scheme is 
required 
due 
to 
adoption of uniform 
width, revised PC — I 
will be submitted to 
competent authority 
for consideration and 
approval. 
 
2 
Pitav 
Valley 
Development 
Project 
Qilla 
Saifullah. 
ID No. Z2004-
0915 
Executing 
Agency: 
BDA. 
Implementatio
n 
Status: 
Ongoing 
 
I. 
The drilling of 160 tube wells 
has been completed. 
II. Only 49 tube wells have been 
installed with machines and 
energized.  
III. The stake holders complained 
about 
silting 
up 
sizeable 
number of tube wells, and 
demanded for thorough probe 
in to the matter through some 
investigating agency.  
IV. The QESCO has informed that 
33 tube wells for which the 
Demand 
Notes 
have 
been 
deposited will be energized by 
15th February, 2013. 
 
Out of 160 tube wells, only 
49 tube wells have been 
energized. These tube well 
were drilled in 2006- 2007. 
Since 
2007, 
BDA 
is 
requesting 
QESCO 
for 
providing 
connection, 
but 
they delayed. Due to this 
reason the already drilled 
tube wells got silted at 
minor level. Furthermore, 
the soil texture of Dolatzai, 
Ghabzai, 
Santozai 
and 
Batozai 
is 
sandy 
zone 
according 
to 
geologist 
report. The demand note of 
remaining 
78 
no.s 
tube 
wells is not submitted by 
QESCO, 
whereas; 
the 
minutely silted portions of 
Tube Wells would easily be 
cleaned through compressor 
testing. 
 
3 
Construction of 
Zhob 
Mir 
Ali 
Khel Road. 
ID No: Z2010-
0845 
Executing 
Agency: 
Initially C&WD 
but transferred 
to BDA by the 
P&DD 
Implementatio
n 
Status: 
Ongoing 
 
i. 
Original 
contract 
being 
one 
package was awarded to M/s. 
Hasnain 
Cotex 
Ltd., 
who 
proceeded with the works at 
snail's pace and hardly achieved 
some 30% progress till complete 
suspension 
which 
led 
to 
abandoning of the Contract on 
18-12-07. 
 
ii. 
Following withdrawal of ADB from 
the Project the BDA entered in 
the scene critically and reviewed 
the scope of works resulted in 
gigantic increase in the cost 
instigating the executants to split 
the contract into three distinct 
packages duly approved by the 
The scheme after clearance 
by the relevant approving 
forum may be started as 
recommended 
by 
the 
committee. 
 
Const.P.115/12 etc. 
9
P&DD with the cost allocation as 
under:  
 
a. Rs. 4.521 Billion 
b. Rs. 2.816 Billion 
c. Rs. 3.669 Billion 
       Total : Rs. 11.006 Billion 
 
iii. 
It was utmost surprise of the 
Committee 
that 
despite 
of 
mammoth increase in the cost of 
the Project (i.e. Rs. 1.447 billion 
to Rs. 11.036 Billion) it was 
somewhat 
binding 
upon 
the 
Executing 
Agency 
to 
get 
it 
approved by the CDWP/ECNEC 
but this could not happened 
which is considered to be a 
serious omission and currently 
being 
investigated 
by 
NAB, 
Balochistan and the construction 
works have been put to halt. 
iv. 
Although, the scheme was not 
inspected by the Committee yet 
one 
of 
its 
members 
(Engr. 
Usman 
Babai) 
inspected 
the 
works at different time and 
shared his knowledge about the 
scheme with other Committee 
members. 
v. 
The Scheme was initially split up 
into two packages vis: Road and 
Bridges awarded to M/s. NPI and 
M/s. 
MN 
Construction. 
Respectively. Later on, a further 
split 
in 
the 
road 
package 
emerged but the number of 
contractors remained two. 
vi. 
The 
scheme 
may 
be 
got 
approved 
at 
the 
appropriate 
forums 
so 
that 
it 
can 
be 
implemented as soon as possible 
 
 
4 
Construction of 
Roads 
& 
Drainage 
System 
Zhob 
Town City Area 
PSDP No. 428 
— 2004-05 
Executing 
Agency: 
BDA 
Implementatio
n 
Status: 
Ongoing 
 
i. The 
works 
have 
not 
been 
executed in professional manner 
and 
the 
scheme is 
still 
in 
progress even after 8th year of 
its implementation starting from 
2004-05 
 
 
 
 
 
 
ii. Bituminous 
surface 
of 
these 
roads was found worn out at 
various locations. 
 
 
iii. Drainage channels in some area 
are 
not 
functioning 
in 
an 
efficient manner. Major lengths 
are choked and without required 
I. The 
work 
has 
been 
executed 
by 
professional 
engineers 
who 
are 
regular 
employees of BDA. In 
respect 
of 
delay 
in 
completion 
of 
the 
project, it is due to 
piece meal provision of 
funds to the executing 
agency.  
 
II. The deficiencies pointed 
out will be rectified at 
the risk and cost of 
contractor. 
 
III. 
Drainage channel is 
100% 
complete 
and 
functioning 
properly. 
Garbage and refuse is 
Const.P.115/12 etc. 
10 
joints. 
 
 
 
 
 
 
iv. The 
poor 
quality/below 
specification works attributed to 
the gross negligence on part of 
the 
supervisory 
staff 
which 
needs to be rectified soon and 
the remaining works should be 
completed expeditiously. 
 
thrown in the channel 
which adversely affects 
its 
functioning. 
The 
town 
committee 
is 
responsible 
for 
its 
cleaning. 
 
IV. The work is still in 
progress. Defects will 
be removed. 
 
5 
Construction of 
Additional 
Class 
Rooms 
at 
Various 
Schools, 
P8-
19. 
PSDP No 600 
Implementing 
Agency: BDA 
Implementatio
n Status: 
Out 
of 
144 
class rooms to 
be construction 
104 have been 
completed. 
 
i. 
02 schools in Zhob town were 
inspected and the quality of 
works was found far below the 
acceptable level. 
 
 
 
 
 
ii. 
Doors 
and 
Windows 
erected 
were found below specifications 
 
 
 
 
 
 
 
iii. 
Flooring was also found below 
specification. 
 
 
iv. 
The remaining schools included 
in the project require detailed 
inspection and the defects found 
in the executed works should be 
rectified at the risk and cost of 
the Contractors concerned. 
 
I. The 
building 
was 
completed 4 to 5 years 
age and still there are no 
cracks in roof, walls and 
other 
structures; 
however the deficiencies 
will 
be 
removed 
accordingly. 
 
II. Doors are made of pine 
wood (Chalghoza) which 
is locally available and 
windows are made of Z 
angle 
iron 
by 
local 
manufactures 
which 
though do not give good 
finishing but are durable. 
 
III. 
Flooring 
will 
be 
repaired at the risk and 
cost of contractor. 
 
IV. 
Noted 
for 
compliance. 
 
6 
Musa Khail to 
Drug 
Road 
Dakian-
Walwasta 
Project 
KM 
10.80 to KM 
20.8 (10KM) 
ID 
No. 
Z2003.0074/3
0 (2008-09) 
Executing 
Agency: C&WD 
Implementatio
n 
Status: 
Ongoing 
 
i. 
More or less all the structures 
have failed. Payment for 10 KM 
road Premix work has been 
made, but on site hardly 1 KM 
length 
of 
road 
was 
found 
premixed. Despite the inquiries 
already conducted, the field staff 
has 
not 
been 
punished. 
Opportunity has been provided 
to get the Premix carpeting work 
done now, but they were hardly 
able to complete 01 KM premix 
work only. 
 
 
 
 
 
 
 
 
I. Scheme from start runs 
into 
implementation 
problems. 
Firstly 
a 
Departmental 
inquiry 
team was held regarding 
said scheme in March 
2010. The finding of the 
inquiry team were that 
“work done at site be got 
measured and deducted 
from the total cost, the 
balance 
amount 
be 
recovered 
from 
the 
contractor, officers and 
staff involved in making 
the payments may be 
reverted and not posted 
in future for assignments 
involving 
financial 
matters”. 
Said 
inquiry 
report was processed for 
Const.P.115/12 etc. 
11 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ii. 
Observations 
made 
by 
the 
Inquiry 
Committee 
must 
be 
implemented in letter and spirit 
and defective structures should 
be reconstructed at the risk and 
cost 
of 
the 
Contractor/Supervisory Staff. 
 
approval of competent 
authority. 
 
a. P&D 
Department 
asked CMIT to carry 
out inquiry of subject 
road. 
CMIT 
submitted report in 
August 2011. CMIT 
recommended 
that 
within four months 
scheme 
be 
completed. 
b. Concerned field staff 
was given time to 
complete the scheme 
as 
per 
CM1T 
recommendations. 
But concerned staff 
took 
considerable 
time to start work 
and 
are 
presently 
carrying out work as 
reported 
by 
supervisory staff. 
c. NAB 
(B) 
is 
conducting an inquiry 
or subject road from 
August 
2012. 
Relevant documents 
are 
provided 
to 
NAB(B). Outcome of 
NAB(B) 
inquiry 
is 
awaited. 
 
II. 32 
Culverts 
including 
pipe 
culverts 
were 
constructed 
under 
the 
project as per approved 
scope. Some of culverts 
were 
damaged 
as 
indicated in CMIT and 
Departmental 
inquiry 
reports. 
 
a. Defective structures 
will 
be 
demolished 
and reconstructed at 
the risk and cost of 
the 
contractor 
/ 
supervisory staff. 
 
 
7 
Establishment 
of 
Women 
Hospital 
in 
Zhob. 
ID No Z2010-
0692/961 
Executing 
Agency: C&WD 
Implementatio
n Status: 
 
i. 
The works are in progress in a 
satisfactory manner. 
 
 
 
 
 
ii. Should some sincere efforts are 
poured this vital project can be 
made functional even within this 
financial year. 
I. Department will make 
efforts to sustain & gain 
work 
momentum, 
so 
that 
project 
is 
completed 
within 
allowed time frame. 
 
II. Department realizes the 
importance 
of 
this 
public utility project and 
is 
making 
genuine 
efforts 
for 
early 
Const.P.115/12 etc. 
12 
completion 
of 
the 
hospital, but since being 
a 
building 
work, 
requiring time for curing 
and 
settlement, 
work 
items 
are 
interlinked 
and cannot be squeezed 
being time bound work 
items. 
Secondly 
six 
months of CFY 2012 — 
2013 
have 
already 
passed and remaining 
approved scope cannot 
be 
completed 
in 
remaining six months. 
 
a. Hospital 
can 
be 
completed 
by 
30th 
June 
2014, 
in 
all 
respect, if additional 
funds to the tune of 
Rs 20.000 Million are 
provided during CFY 
2012 — 2013 and 
balance 
completion 
funds i.e. Rs 21.397 
Million are provided 
during 
FY 
2013 
- 
2014. 
 
8 
Development 
Plans of Loralai 
PSDP 
No. 
1417-2011-12 
Executing 
Agency: BDA 
Implementatio
n 
Status: 
Ongoing 
 
i. 
Out of 16 Flood Protection 
Schemes 
one 
namely 
Shah 
Karez costing Rs. 2,108,889/- 
was 
inspected 
and 
found 
completely damaged. 
 
 
 
 
 
 
ii. 
The 
Executing 
Agency/BDA, 
however, 
failed 
to 
produce 
detailed design/drawings of the 
Scheme.  
 
 
 
iii. 
Out of 31 number bores, 3 were 
checked. Bore at Shah Karez 
was 
found 
operational 
for 
individual agriculture use. Stone 
masonry circular water tank 
was 
neither 
completed 
nor 
connected. The other 2 bores 
were 
not 
operational/ 
energized. 
 
iv. 
Out of 5 Community Halls, 2 
were inspected. The one at 
Circuit House Loralai was of 
acceptable quality whereas the 
second one at Killi Khan Karez 
was found in A-1 condition. The 
beneficiary has invested his 
I. The 
scheme 
with 
its 
appropriate 
scope 
of 
work stands complete. 
But damages caused by 
catastrophic 
floods 
of 
August, 2012. According 
to Pakistan history last 
year's rains and floods 
broke 
records 
of 
15 
years. 
 
II. The requisite information 
is 
available 
with 
the 
department and can be 
furnished 
to 
any 
authority as and when 
required. 
 
III. 
Noted 
for 
Compliance. 
 
 
 
 
 
 
 
 
IV. 
The 
executing 
agency i.e. BDA accepts 
the observation of the 
committee; however, it 
is 
assured 
by 
the 
department that these 
community halls will be 
Const.P.115/12 etc. 
13 
own money here. This Hall will 
be in use of hardly 2 - 3 
families. 
 
 
v. 
Dispensaries 
and 
Boundary 
Walls 
of 
Schools 
etc: 
A 
Dispensary and a Boundary 
Wall was inspected, and found 
ok, keeping in view the non 
workable 
CSR 
of 
1998. 
Transformers and Electric poles 
were found installed, 
 
vi. 
Change of executing agency 
has 
caused 
the 
above 
mentioned problem which could 
have been avoided if the line 
department was involved in 
implementation process. 
 
vii. 
The shortcomings observed and 
pointed out by the Inspection 
Team in the executed works 
should 
rectify 
in 
adequate 
manner at the risk and cost of 
the respective contractors and 
the 
site 
supervisory 
staff 
involved in execution process. 
 
used for the benefit of 
general 
public/community. 
 
 
V. No 
comments 
are 
required in this regard. 
 
 
 
 
 
 
 
VI. 
Noted 
for 
future 
compliance 
 
 
 
 
 
VII. 
Noted 
for 
future 
compliance 
 
9 
Construction of 
50 Bedded 
Hospital 
at 
Mach. 
ID No. Z2009-
0333 
Executing 
Agency: C&WD 
Implementatio
n 
Status: 
Ongoing 
i. 
The quality of works was not at 
acceptable level. 
 
 
 
 
 
 
 
 
 
 
 
ii. 
The 
contract 
comprises 
the 
specifications in executing such 
works. 
 
 
 
 
 
 
 
iii. 
The Supervisory staff should 
redouble 
their 
vigilance 
to 
ensure quality works. 
 
I. Matter regarding quality 
of 
work 
has 
been 
seriously viewed by the 
Department. 
Chief 
Engineer, Sibi Zone and 
Superintending Engineer 
Kachhi will be directed to 
carry 
out 
detailed 
inspection and rectify all 
works which are not as 
per 
required 
approved 
specifications. 
 
II. Field 
Staff 
is 
being 
directed 
to 
vigilantly 
supervise the work and 
approved / laid down 
specification 
must 
be 
followed at all cost and 
quality of work should 
not be compromised at 
any cost. 
 
III. 
The 
SCIC 
observation is well taken 
and Department will be 
strictly 
following 
the 
same. 
a. Department 
will 
ensure 
that 
Field 
Staff will be extra 
vigilant 
to 
ensure 
quality of work and 
Department internal 
monitoring 
system 
Const.P.115/12 etc. 
14 
will be beefed up to 
have 
checks 
over 
quality of works and 
counter ensure that 
executed works are 
of 
required 
specification 
and 
quality 
 
10 
Construction of 
Government 
Girls 
Intermediate 
College Mach 
ID No. Z2003-
0763 
Executing 
Agency: C&WD 
Implementatio
n 
Status: 
Ongoing 
 
i. 
The quality of works was not at 
acceptable level. 
 
 
 
 
 
 
 
 
 
 
 
ii. 
The contractor is compromising 
the specifications in executing 
of such works. 
 
 
 
 
 
 
 
iii. 
Top floor roof work is simply 
not acceptable. 
 
 
 
 
 
 
 
 
 
 
 
 
iv. 
Since the scheme is ongoing, 
the defective works may be got 
rectified at the risk and cost of 
the Contractor 
 
I. 
Matter regarding quality 
of 
work 
has 
been 
seriously viewed by the 
Department. 
Chief 
Engineer, Sibi Zone and 
Superintending Engineer 
Kachhi will be directed 
to carry out detailed 
inspection and rectify all 
works which are not as 
per required approved 
specifications. 
 
II. Field 
Staff 
is 
being 
directed 
to 
vigilantly 
supervise the work and 
approved / laid down 
specification 
must 
be 
followed at all cost and 
quality of work should 
not be compromised at 
any cost. 
 
III. Chief 
Engineer, 
Sibi 
Zone 
and 
Superintending Engineer 
Kachhi will be directed 
to carry out detailed 
inspection of the top 
floor roof and suggest 
rectify work, in case it is 
beyond rectification, top 
floor 
roof 
will 
be 
dismantled and roof slab 
will be relayed at the 
cost of contractor. 
 
IV. 
Chief 
Engineer, 
Sibi 
Zone 
and 
Superintending Engineer 
Kachhi will be directed 
to carry out detailed 
inspection and rectify all 
works which are not as 
per required approved 
specifications at the risk 
and 
cost 
of 
the 
contractor. 
 
11 
Construction of 
Community 
Hall 
at 
Kurd 
Camp, Dhadar. 
Executing 
Agency: C&WD 
Implementatio
i. Extremely 
poor 
works. 
Structural cracks in the bath 
room. 
 
 
 
I. Chief Engineer, Sibi 
Zone 
and 
1 
Superintending 
Engineer Kachhi will 
be I directed to carry 
out 
detailed 
Const.P.115/12 etc. 
15 
n Status: 
Ongoing 
 
 
 
 
 
 
 
 
 
 
 
ii. Bath 
room 
drainage 
work 
hopeless. 
 
 
 
iii. Boundary 
wall 
has 
been 
constructed by one beneficiary, 
and may take possession of this 
community hall. 
 
 
 
 
 
 
iv. Steps needs to be taken by the 
Administrative 
Department 
to 
avoid trespassing. 
inspection 
of 
the 
Community Hall at 
Kurd Camp Dhaddar 
and suggest rectify 
work, in case it is 
beyond rectification, 
bath rooms will be 
dismantled 
and 
reconstructed at the 
cost of contractor. 
 
II. Bath room drainage 
work will be relayed 
at the risk and cost 
of contractor. 
 
III. 
Field Staff of 
the Department will 
make a reference to 
District 
Administration 
Dhaddar, 
in 
this 
reference.  
 
 
 
IV. SCIC observation will 
be 
forwarded 
to 
District 
Administration 
for 
implementation. 
12 
Construction of 
Community 
Hall for Shah 
Sahiban, 
Dhadar. 
Executing 
Agency: Local 
Government 
Department 
Implementatio
n 
Status: 
Ongoing 
i. 
The structure work has 
been completed and fixtures and 
finishing works left un-attended. 
Fate of completion could not be 
ascertained. 
 
 
 
ii. 
District 
Administration 
may be directed to get the 
remaining works done 
Considering the important 
nature of task, the Deputy 
Commissioner Kachhi has 
been directed to follow the 
observations of SCIC and 
submit 
compliance 
report 
within 15 days positively. 
13 
Construction of 
Bit Road 
Nighari to Kot 
Kahl, Dhadar. 
08 Km Length 
and Arif Bridge 
650 Rft. 
Executing 
Agency: C&WD 
Implementatio
n Status: 
Ongoing 
i. 
Social unrest due to tribal rivalry 
coupled with non availability 
funds has remained a cause of 
the slow progress and these 
issues 
must 
be 
resolved 
to 
ensure 
smooth 
and 
un-
interruptible 
implementation 
process 
leading 
to 
timely 
completion of the Scheme 
I. District Administration 
is in picture and tribal 
rivalry 
has 
to 
be 
resolved 
by 
District 
Administration. 
 
II. Funds are not being 
released as work is not 
in 
progress 
and 
is 
stopped. 
 
III. If tribal disputes are 
resolved 
by 
District 
Administration, 
work 
can be resumed by the 
Department 
and 
if 
required 
funds 
are 
provided project can be 
completed 
by 
30th 
June 2014. 
14 
Construction of 
i. 
The quality of works is not up to 
I. Chief 
Engineer, 
Sibi 
Const.P.115/12 etc. 
16 
B/T 
Road 
linking 
NHA 
Road to Khair 
Wah via Shan 
Gola 
Wah 
Tehsil 
Lehri 
(14 
KM 
length). 
Executing 
Agency: C&WD 
Implementatio
n 
Status: 
Ongoing 
the mark. 
 
 
 
 
 
 
 
 
 
 
ii. Instead of fetching soils from the 
specified borrow area located at 
a distance of 100ft distance the 
Soil available just adjacent to the 
alignment of the road is being 
used for embankments, inviting 
flood water to develop channels 
which is the root cause of the 
damages to the road. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
iii. Works are in progress as such 
the defects pointed out can 
easily be rectified through the 
contractor 
engaged 
for 
implementation of the contract 
Zone 
and 
Superintending 
Engineer Sibi will be 
directed to carry out 
detailed inspection and 
rectify all works which 
are not as per required 
approved specifications 
at the risk and cost of 
the contractor. 
 
II. Observation has been 
taken. The Department 
Material testing Field 
Laboratory staff will be 
deployed to check the 
material 
condition 
of 
borrow area at 100 ft 
as pointed out by SCIC, 
whether it is fit to be 
used as borrow area or 
not, if found suitable, 
the same will be used 
for 
remaining 
embankment works. 
a. Material 
taken 
for 
embankment 
adjacent 
to 
road 
alignment 
is 
not 
acceptable, but since 
road 
traverses 
through 
cultivated 
fields and as such 
land owners do not 
allow for borrowing 
material from there. 
Under said condition 
material 
for 
earthwork 
/ 
embankment has to 
be taken from road's 
right 
of 
way. 
However, field staff 
will be directed to fill 
the 
channel 
along 
the road alignment 
with suitable material 
and 
carry 
its 
compaction, so that 
flood water is not 
channelized through 
it and road is not 
damaged 
due 
to 
flood water. 
 
III. 
Chief 
Engineer, Sibi Zone 
and 
Superintending 
Engineer Sibi will be 
directed to carry out 
detailed 
inspection 
and rectify all works 
which are defective 
through 
engaged 
contractor. 
Const.P.115/12 etc. 
17 
15 
Drainage 
& 
Sewerage 
System 
at 
Dera 
Murad 
Jamali 
Executing 
Agency: BDA 
Implementatio
n 
Status: 
Ongoing 
i. The works have been shown 
completed, but the Manholes 
covers were found missing at a 
number of points and stagnant 
water is visible all around. 
 
 
ii. The Pumps were operated 
and found in order. 
 
iii. As reported in the field that 
the 
Sewage 
of 
03 
days 
collected in the Sump can be 
emptied in 01 hour operation 
of the Pumps. 
 
iv. In this Project the control of 
the invert levels is of prime 
importance. 
Therefore 
a 
thorough Probe is required to 
be carried out in this project. 
The manholes covers have 
been 
stolen 
by 
the 
inhabitants of the area. The 
project has already been 
scrutinized 
by 
the 
NAB, 
CMIT and IGDP Balochistan. 
However, 
the 
said 
deficiencies will be removed 
at the risk and cost of the 
contractor. 
16 
Drainage of 
400 acres of 
Dar-ul- Ulma 
Madressa/Masji
d, Hairdin 
area. 
Executing 
Agency: 
Irrigation 
Department  
Implementatio
n Status: 
Completed 
i. 
Against the allocated/released 
funds to the tune of Rs. 10.00 
million, 
the 
works 
with 
designed/approved 
scope 
of 
works 
were 
completed 
in 
satisfactory manner with good 
quality at a cost of Rs. 3.60 
million. The unspent funds have 
been 
surrendered 
by 
the 
Irrigation Department. 
 
Work already stands 
completed and the 
remaining funds have 
already 1been surrendered. 
17 
Construction of 
Flood 
Protection of 
Sohbatpur 
Town, 
Executing 
Agency: 
Irrigation & 
Power 
Department. 
Implementatio
n Status: 
C&WD 
i. 
The scheme with its approved 
scope of works stands completed 
but the damages caused to the 
structures by the catastrophic 
floods of August 2012 persist 
and need to be repaired to make 
the scheme operational. 
Work completed. However 
damages caused to the 
structures by the 
catastrophic flood of 2012 
are proposed to be restored. 
18 
Construction of 
06 KM Road in 
Sohbatpur 
Area, 
Executing 
Agency: BDA 
Implementatio
n Status: 
Completed 
i. Works claimed to have been 
completed in a road width of 24 
feet, but on many points it was 
hardly 14-18 feet wide. This 
aspect 
needs 
to 
be 
further 
probed. 
Noted for compliance. The 
deficiencies will be 
investigated by the CMIT. 
19 
Construction of 
Detoxification 
Center Goth 
lshfaq Gola- 
Sohbatpur, 
Executing 
Agency: BDA. 
Implementatio
i. Poor 
quality 
and 
below 
specifications works were found 
in progress. 
 
ii. Defective works need to be 
dismantled 
and 
reconstructed 
strictly in accordance with laid 
down specification and conceived 
Noted for compliance. 
Const.P.115/12 etc. 
18 
n Status: In 
progress 
design/drawings at the risk and 
cost of the Contractor. 
20 
Community 
Hall 
Goth 
lshfaq 
Gola- 
Sohbatpur,  
Executing 
Agency: Local 
Government 
Department. 
Implementatio
n Status: Not 
known 
i.  Scheme 
was 
inspected 
on 
request 
of 
the 
potential 
beneficiaries. 
 
 
ii. Total 
wastage 
of 
Public 
money. Scheme has been left 
incomplete and was giving a 
deserted look. 
 
iii. Works should be completed 
at the risk and cost of the 
Contractor concerned and the 
Site 
Supervisory 
Staff 
deployed at the site of works. 
The remaining work of the 
scheme will be completed 
within a month's time and 
compliance report will be 
submitted by the executing 
agency. 
21 
Construction 
of BIT Road 
from 
Main 
Chattan 
Patti 
to Shahi Wah 
including Link 
Road 
(16.5 
KM). 
Executing 
Agency: 
C&WD 
Implementatio
n 
Status: 
Completed 
i.  The 
road 
although 
recently 
completed 
but 
portrays 
a 
gloomy picture. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
I. Scheme was approved 
at a cost of Rs 74.165 
Million 
against 
which 
16.50 KM of road was to 
be constructed. Scheme 
was started in FY 2005 
— 
2006 
and 
was 
completed in June 2010 
except for a portion / 
reach of 2.5 KM were 
only Premix carpeting 
was 
not 
allowed 
by 
inhabitants of area due 
to 
dispute 
over 
alignment. 
a. After completion the 
subject road was hit 
by 
unprecedented 
flood 
of 
2010 
(August 
I 
September). 
The 
road 
was 
also 
exposed to massive 
flood of 2012 (June). 
Both 
floods 
left 
permanent marks on 
the 
roads 
by 
destruction. It is also 
pointed out that road 
remained submerged 
in flood water for 
months during both 
above 
said 
floods.4KM of road 
was damaged during 
said floods. 
b. Dispute 
over 
alignment has been 
resolved 
now 
and 
work on remaining 
2.5 KM for Premix 
carpeting has been 
started / resumed. 
Withheld amount of 
Rs 
4.000 
Million 
lying 
with 
the 
Department 
as 
Const.P.115/12 etc. 
19 
 
 
 
 
ii. The beneficiaries available at 
site stated that the flood events 
of 2010 badly damaged the 
incomplete road and no longer in 
use of public. 
 
 
 
 
 
 
 
 
iii. 4 KM of out of 10 KM of road 
has been included in the 
Flood Damages Programme 
but no funds received so far. 
 
 
 
 
 
 
 
 
 
 
 
 
iv. Contractor claimed that the 
people are not allowing to 
proceed 
with 
construction 
works and an FIR has been 
lodged with the Sohbat Pur 
Police Station. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
v. Contractor's Security of Rs. 
4.0 million lying with the 
security is sufficient 
for 
completion 
of 
remaining work. 
 
II.  As indicated above that 
road 
was 
seriously 
damaged and remained 
submerged for months, 
therefore road was not a 
utility for public but in a 
stretch of 4 KM which 
was damaged by floods, 
remaining 10 KM i.e. 
minus 
2.5 
KM 
uncompleted road. 
 
 
III. During floods of 2012, 
road 
was 
further 
damaged and as such 
estimates 
were 
prepared and forwarded 
to competent authority 
by 
the 
Department 
through 
an 
umbrella 
project 
for 
flood 
damages 
restoration. 
The 
project 
stands 
approved by PDWP & 
PC-I 
submitted 
to 
Federal Government for 
approval. 
 
IV. As already indicated 
above 
inhabitants 
of 
area due to dispute over 
alignment in a portion / 
reach of 2.5 KM stopped 
the 
work 
for 
Premix 
carpeting, 
although 
embankment had been 
prepared 
and 
base 
course laid. Rs 4.000 
Million 
were 
withheld 
from contractor bill for 
Premix carpeting in a 
reach of 2.5 KM. 
a. Now 
the 
dispute 
over alignment has 
been resolved and 
work on remaining 
2.5 KM for Premix 
carpeting has been 
started / resumed. 
Withheld amount of 
Rs 
4.000 
Million 
lying 
with 
the 
Department 
as 
security is sufficient 
for 
completion 
of 
remaining work. 
 
V. Noted for compliance. 
 
 
Const.P.115/12 etc. 
20 
Department and has been 
retained 
till 
satisfactory 
completion 
of 
the 
repair/ 
restoration of flood damages. 
 
vi. District Administration may 
intervene to get the works 
done. 
 
 
 
 
 
VI. Noted for compliance. 
 
 
22 
Construction of 
43 
KM 
Road 
from 
Jhal 
Magsi — Kot 
Maasi Road to 
Mithazai 
to 
Abad Waryam 
to 
Mut 
Banglani 
(43 
KM), 
Executing 
Agency C&WD. 
Implementatio
n 
Status: 
Ongoing 
i. 
The work is in progress but in a 
clumsy 
manner 
with 
unacceptable quality. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ii. Timely funds have not been 
made available. 
 
 
 
 
I. Observation has been 
taken. The Department 
Material 
testing 
Field 
Laboratory staff will be 
deployed 
to 
check 
quality 
of 
work 
throughout 
length 
of 
road and unacceptable 
reaches 
will 
be 
 removed and relayed as 
per 
required 
specification. 
a. After 
start 
of 
scheme 
from 
FY 
2005 -2006, subject 
road has been hit I 
exposed by flood of 
2007, 
unprecedented flood 
of 2010 (August / 
September) 
and 
massive 
flood 
of 
2012 (June). Said 
three floods left a 
permanent 
marks 
on 
the 
roads 
by 
destruction. 
b. Estimates for floods 
damages 
were 
prepared 
and 
forwarded 
to 
competent authority 
by the Department 
through an umbrella 
project, but funds 
have 
not 
been 
released 
for 
flood 
damages 
ratification. 
Some 
restoration 
works 
have been carried 
out 
by 
the 
Department to keep 
the road functional, 
but 
payments 
to 
contractor has not 
been made, which 
will be cleared once 
funds are received. 
 
II. Scheme 
is 
ongoing 
from FY 2005 — 2006. 
Releases of funds do 
not 
tally 
with 
requirement. 
If 
balance 
completion 
Const.P.115/12 etc. 
21 
 
 
 
 
 
 
 
 
iii. Earthen 
embankment 
constructed from the borrow 
material available just adjacent 
to the road, Inviting flood water 
to develop flood channel along 
the 
road 
which 
has 
badly 
damaged the road embankment. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
iv. Scheme being in progress, more 
vigilance is required on part of 
supervisory staff and damages 
got repaired at the risk and cost 
of the Contractor. 
funds 
are 
made 
available by providing 
additional release to 
the tune of Rs 81.208 
Million, 
the 
scheme 
can be completed. 
 
III. Subject road traverses 
through 
cultivated 
fields and as such land 
owners do not allow 
for borrowing material 
from there. Under said 
condition material for 
earthwork 
/ 
embankment has to be 
taken from road's right 
of way. 
a. Nearest borrow pit 
is approximately 50 
to 60 KM from the 
site 
of 
work. 
In 
approved PC — I, 
lead 
for 
borrow 
material 
has 
not 
been provided. 
b. The 
subject 
road 
has been time and 
time 
again 
tested 
during 
three 
unprecedented 
floods 
and 
road 
withstood the floods 
even with material 
borrowed from road 
sides. 
 
IV. The SCIC observation 
is 
well 
taken 
and 
Department 
will 
be 
strictly following the 
same. 
a. Department 
will 
ensure 
that 
Field 
Staff will be extra 
vigilant 
to 
ensure 
quality of work and 
Department internal 
monitoring 
system 
will be beefed up to 
have 
checks 
over 
quality of works and 
counter ensure that 
executed works are 
of 
required 
specification 
and 
quality. 
b. Chief Engineer, Sibi 
Zone 
and 
Superintending 
Engineer 
Nasirabadwill 
be 
directed to carry out 
detailed 
inspection 
and rectify all works 
Const.P.115/12 etc. 
22 
which are defective 
through 
engaged 
contractor at his risk 
and cost. 
23 
Construction of 
Agriculture 
Model 
Research Farm 
with 
Residential 
Quarters, Goth 
Miral Khan at 
Sohbatpur. 
Executing 
Agency 
BDA 
Implementatio
n 
Status: 
Ongoing 
i. The Construction work has not 
reached the Plinth level. 
 
ii. Progress 
at 
site 
does 
not 
commensurate with expenditure 
incurred. 
 
iii. Agriculture Department has not 
started so far the procurement 
of fixtures and furniture. Needs 
further probe. 
The progress of work is 
slowed down due to bad 
law and order conditions, 
however 
the 
observations raised by 
the 
committee 
have 
been noted and will be 
referred to the CMIT for 
detail probe. 
24 
Extension 
of 
Lai 
Minor 
(Remaining 
Portion) in Jhal 
Magsi 
area, 
Executing 
Agency: 
Irrigation 
Department 
(PID) 
Implementatio
n Status: 
Ongoing 
i. The work claimed as completed 
but, in fact, lot of work was 
found incomplete. 
 
ii. Money 
is 
being 
spent 
for 
extension of Lal Minor, which will 
become 
operational 
upon 
completion 
of 
Patfeeder 
Extension Project whilst fate of 
completion of this Project is not 
known. 
 
iii. The quality of work is not up to 
the mark. 
 
iv. There is a lot of room to improve 
both 
quality 
and 
pace 
of 
progress. 
 
v. Works should be completed at 
the 
risk 
and 
cost 
of 
the 
Contractor and Supervisory Staff 
Noted for compliance. The 
rectification 
process 
is 
already been initiated. 
25 
Construction of 
Black Topping 
road at Jungle 
Pir Alizai 
Quetta 
Chaman Road 
to Killi Kutab 
Gul 
Muhammad, 
Killi Khamat, 
Haji Abdul 
Qayyum Street 
Length: 13.73 
km)  
ID No. Z2005-
0618 
Executing 
Agency: BDA 
Implementatio
n Status: 
Ongoing 
i. The 
following 
PSDPs 
were 
discussed in detail with Mr. 
Qahar Wadan the Petitioner and 
his colleagues on January 06th 
2013 and two other occasions. 
 
Z2009-0046     Rs. 55.00 M 
Z2011-0381     Rs. 115.00 M 
Z2009-0184     Rs. 40.00 M 
Z2005-0618     Rs. 94.291 M 
Z2010-0552     Rs. 60.00 M 
Z2012-0069     Rs. 30.00 M 
Z2012-0129     Rs. 30.00 M 
 
ii. During Inspection of Gulistan, 
Black top Road of Killi Ahmed 
Khan Ghaibizai (04 Km) was 
inspected, and found out of the 
jurisdiction of the MPA Engr. 
Zamrak Khan i.e. PB-12.The 
road work was found in order 
except the berms which required 
further improvement. 
 
Noted for compliance. The 
shortcomings 
will 
be 
removed at the earliest. 
Const.P.115/12 etc. 
23 
iii. Jungle 
Pir 
Alizai 
road 
had 
already been inspected in the 
capacity of member CMIT, and 
the position was the same as 
explained for Killi Ahmed Khan 
Ghaibizai road. Since this is on-
going 
work, 
therefore 
shortcomings can be removed 
without any problem. 
 
6. 
 
Vide order dated 10.04.2013, the learned counsel for GoB 
was asked to furnish the statement containing reply to the following 
questions:- 
(i) 
list of persons against whom both criminal and civil 
proceedings 
have 
been 
initiated 
for 
alleged 
misappropriation of the funds on receipt of the Inspection 
Report; 
(ii) 
As the Inspection Report has covered only 25% of the 
development schemes and whether GOB on its own has 
got prepared the reports in respect of 75% development 
schemes; 
(iii) 
What 
action 
has 
been 
initiated 
against 
the 
persons/officers 
etc. 
responsible 
for 
the 
alleged 
misappropriation in the development schemes. 
The learned counsel was also asked to furnish the details in respect 
of:- 
(i) 
The amount received from National Finance Commission 
(NFC) from the year 2008 to 2013; 
(ii) 
The receipt of other amounts during this period; 
(iii) 
Year-wise statements about the expenditures out of 
above sources on development and non-development 
schemes; 
(iv) 
Approximate status of completion and the masses who 
have or likely to have the benefits and the amounts spent 
for development or their welfare etc. 
7. 
 
It is important to note that after constituting a Committee 
to evaluate and inspect at least 25% of the development schemes, the 
Const.P.115/12 etc. 
24 
P&D Department notified a committee on 15.04.2013 in the light of 
the order of the Supreme Court comprising the following:- 
1. 
Haji Muhammad,  
Chief Economist, P & D Department 
 
(Chairman) 
2. 
Manzoor Ahmed Sarparah,  
Director General (M&E) P&D 
Department 
 
(Member) 
3. 
Barkatullah Khan,  
Director General (Implementation), 
P&D Department 
(Member) 
The terms of Reference of the Committee were as follows:- 
1. 
To visit important/problematic development schemes 
all over the province. 
2. 
The process of Monitoring will continue as regular 
function, however, team will have to present its 
preliminary report within fifteen days. 
3. 
The concerned departments shall ensure regular 
monitoring and progress reporting of all development 
projects/schemes executed by them. 
8. 
 
The Committee held a series of meetings to discuss 
different schemes. Agendas of the meetings were as follows:- 
1. 
To discuss problematic schemes. 
2. 
 To give recommendations (Slash/protect) for the 
schemes in PSDP 2012-13. 
 
3. 
Any other important issue. 
The Committee discussed 125 schemes with cost of Rs.3.325 billion 
and allocation of 2.211 billions. A detailed summary of each section 
along with recommendations are provided in CMA No. 4387/13. Details 
of some of the projects are reproduced hereinbelow for reference:- 
LIST OF SCHEMES TO BE SLASHED FROM PSDP 2013-14 
 
S. 
No. 
PSDP ID 
District 
Name of Scheme 
Cost 
Allocation 
2012-13 
Recommendation 
Culture Sector 
 
 
 
Const.P.115/12 etc. 
25 
5. 
105 
Z2012.0732 
Kohlu 
Various Culture 
Activities In 
Different Areas In 
District Kohlu 
5.000 
5.000 
Various 
components 
of the project were 
discussed in details 
with the authorities 
concerned 
of 
the 
department 
and 
finally decided that 
the scheme may be 
slashed. 
However 
final 
responsibility 
rests 
on 
the 
authorities concerned 
i.e. Additional Chief 
Secretary (Dev;). 
 
 PP&H Sector 
 
 
 
6. 
149 
Z2012.0036 
Quetta 
Construction / 
Establishment of 
Women and 
Juvenile Jail at 
Quetta 
30.000 30.000 
-do- 
Communication Sector 
 
 
 
16 
474 
Z2012.0542 
Gwadar 
Cutting of 
Kanddasore Road, 
Gwaddar (UP&D) 
90.000 10.000 
-do- 
BDA Sector 
 
 
 
22. 
624 
Z2012.0676 
Quetta 
Const of various 
roads, Drains & 
PCC Street at PB-
6 Quetta.  
16.000 16.000 
-do- 
Irrigation Sector 
 
 
 
24. 
669 
Z2012.0105 
Khuzdar 
Complete local 
bore for 
Agriculture 
Purpose Near 
Khalq Jhalawan 
District Khuzdar. 
2.500 
2.500 
-do- 
25. 
680 
Z2012.0181 
Kech 
Extension of Sami 
Bund in PB-49 
District Turbat. 
1.000 
1.000 
-do- 
 
9. 
 
In response to above referred directions, report was filed 
on 19.07.2013 through CMA No.4387/13, under the signatures of M/s 
Dostain Khan Jamaldin, Secretary Finance, Government of Balochistan 
and Aslam Shakir Baloch, Additional Chief Secretary (Dev.), stating 
therein that in the light of findings of Inspection Report, the concerned 
departments have been asked to submit initial findings so that future 
course of action can be decided. It has been further stated that GoB 
has not prepared any report on its own regarding the remaining 75% 
of the development schemes. However, periodic inspections are being 
Const.P.115/12 etc. 
26 
carried out. During previous inspection visits conducted by different 
departments, some cases of misappropriations/negligence were 
pointed out. Consequently, preliminary departmental inquiries were 
referred to NAB and action was initiated against concerned officers. 
Detail of the same is reproduced hereinbelow:- 
1. Road Barchore-Toba Kakari, Road Baroshore-
Khanozai and Road Kut Muhammad Shah – 
Killa Haji Khan (Case No.5034) 
NAB (B) Case 
2.  PRP – Construction of Local Bore for Killi 
Azamabad, Tehsil Bori District Loralai 
(Case No.6926) 
-do- 
3.  Construction of Community Hall Building 
Union Council Kharos Wah Tehsil Tamboo 
District Naseerabad (Case No.7063) 
-do- 
4.  Complaint against Mr. Abdul Aziz, XEN and 
Haji Javed, SDO, C&W Department (Non-
Payment & Liabilities) (Case No.7023) 
-do- 
5.  Complaint against B&R Provincial-II Quetta 
(Case No.6976) 
-do- 
6.  Construction of Road Musakhail – Drug 
(Dakian – Wahwasta Portion) Case No. 6970 
-do- 
7.  Construction of Kuchlak Bypass Project 
-do- 
8.  Construction of Road Harnai Bazar – Bazo 
Bungalow  
-do- 
9.  Scheme executed by B&R District Harani 
(Case No.6635) 
-do- 
10. Sports Ground Kohlu (Case No.7056) 
-do- 
11. 13 Schemes executed (Mr. Jaffar George) 
through MPAs Fund 
-do- 
12. 10 Schemes executed through MPAs Funds 
(Mr. Sana Ullah Zehri) (Case No.7040) 
-do- 
13. Schemes executed by Provincial B&R Kohlu 
during 2011-2012 and 2012-2013 (Case 
No.6855) 
-do- 
14. Technical Education (Civil Works) only 
-do- 
15. Construction of Road from Main Chattan Patti 
to Shabi Wah (Case No.5036) 
-do- 
16. Preliminary Inquiry  
Cont: of Road Shahrag to PMDC and Road 
Kach to Harnai 
Chief Minister 
Directive 
17. Inquiry “Construction of Road from N-50 to 
Balozai Khanozai Town Dilsora, Tora Khula, 
Walgai and Balaniganda via Surkhah Road 
District Pishin 
SCIC Report 
18. Inquiry “Various Roads in Punjgur” 
-do- 
19. Department Committee for inspection of 
Development Schemes. 
-do- 
20. Complaint against Embezzlement of funds & 
Sub Standard construction District Kachhi 
(Mr.Mohammad Saleem Harifal) (B-18) 
S&GAD 
21. Inquiry of Mekhtar Chamalang Road District 
Loralai 
CMIT 
Const.P.115/12 etc. 
27 
22. Disciplinary Proceeding against Mr. Sabir Ali 
Baloch Ex-XEN Dera Bugti 
Departmental 
Inquiry 
23. Financial Irregularities in B&R Khuzdar 
Case finalized 
24. Registration of case in Anti Corruption 
Establishment against Saddaruddin Buladi 
Anti 
Corruption 
25. Inquiry No.8/Q/2011 against Niamat Ali XEN 
and Anwar SDO C&W Department Musakhail 
Anti 
Corruption 
26. Conducting of inquiry against Mr. Abdullah 
Khan Mandokhel Ex-XEN B&R District Zhob 
Departmental 
27. Payment to Jogezai Petroleum Service Loralai 
amounting to Rs.1,261,695/- 
Departmental 
28. Cost: /Cutting/Blasting/Black topping of 
Musakhel to Drug Road Dakian Walwasta 
Project Km 10.8 to 20.8 (10Km) 
Embezzlement/ Misappropriation of funds. 
Departmental 
 
10. 
 
It has been further stated in the reply that after receipt of 
Committee’s report, no such action has been taken because reports 
from concerned departments are still awaited. The report also contains 
the detail of funds transferred under NFC Award, which is reproduced 
hereinbelow:- 
Federal Transfers under NFC Award 
2008-09 
2009-10 
(Actual) 
Last year of 
6th NFC) 
2010-11 
(Actual) 
(First year 
of 7th NFC) 
2011-12 
(Actual) 
(2nd year of 
7th NFC) 
2012-12 
(estimated) 
48.050 
54.855 
83.121 
94.963 
114.206 
 
11. 
 
In addition to above said amount, the Government of 
Balochistan also received Rs.12.00 billion annually as arrears of Gas 
Development Surcharge claims made prior to 1991 and for the period 
2003-09. Year-wise statement of the expenditures has also been 
provided in the said report, which is reproduced as under:- 
Budget 
2008-
09 
2009-
10 
(Last 
year of 
6th NFC) 
2010-11 
(First 
year of 
7th NFC) 
2011-
12 
(2nd 
year of 
7th NFC) 
2012-12 
(estimated) 
Non-
Development 
55.446 
77.534 
112.755 
129.35 
144.112 
Development 
12.745 
13.618 
26.491 
33.918 
35.819 
Total 
68.191 
91.152 
139.246 
163.268 
179.931 
Const.P.115/12 etc. 
28 
 
12. 
 
It is to be noted that despite directions of the Court and 
receipt of the aforementioned report vide CMA No.136 of 2013, no 
action has been initiated against any of the delinquent persons 
responsible 
for 
the 
commission 
and 
omission 
of 
illegalities, 
irregularities as well as criminal negligence. Inasmuch as, no action 
has been taken regarding left over 75% projects and schemes. A 
solitary scheme matter was referred to NAB for initiating proceedings 
but no final report has been submitted and the payment to the 
executing agencies involved in the development programme had not 
been made. 
13. 
 
As per overall findings of the Inquiry Committee, the 
progress of development projects seems to be unsatisfactory. 
However, without undertaking a thorough probe by a competent law 
enforcing agency, both civil and criminal liabilities cannot be fixed, as 
such judicial restraint is being exercised lest it should hamper/bring to 
a standstill the development activities in the Province. We are 
cognizant of the fact that these development activities are being 
carried out at very slow pace because prima facie we are of the 
opinion that despite availability of considerable funds, reference of 
which 
has 
been 
made 
hereinabove, 
no 
visible 
development 
proportionate to the same has  taken place in the province of 
Balochistan; particularly, relating to enforcement of Fundamental 
Rights of the general public to provide them basic amenities of life, 
including 
education, 
health 
cover, 
infrastructure, 
etc., 
Most 
importantly, a major portion of the population is not getting clean 
drinking water, as is evident from the data provided by both the sides 
Const.P.115/12 etc. 
29 
to justify their respective claims. However, it is admitted that the 
criteria known as Project Management Life Cycle (PMLC) has not been 
followed, although the government had taken specific stand in this 
regard. As a result, considerable public money has been wasted due to 
corruption and corrupt practices during the last five years i.e. 2003 to 
2008.  
14. 
 
There is yet another painful aspect of the matter, namely, 
the Provincial Government under PWP–I allocated an amount of 
Rs.30.00 million per year for each MPA. This constituted a hefty 
budgetary provision, which was to be spent strictly in accordance with 
the guidelines for Project Management issued by P&D Department, 
Government of Balochistan, under which a PMLC comprising five 
distinct phases had to be completed, which included:- 
1. 
Project Identification and Preparation (PC-II) 
2. 
Project Proposal and Approval (PC-I) 
3. 
Project Authorization 
4. 
Project Implementation (PC-III) 
5. 
Project Completion of Closer of PC IV and V. 
However, as per the material available on record, such amount was 
spent by the departments in a non-transparent and illegal manner. In 
some of the cases, as is evident from the contents of the report, 
concerned authorities entrusted the funds of PSDP or those arising out 
of the fund/budget allocated to MPAs to the Departments or the 
executing agencies of their choice without any justification.  
15. 
 
On having gone through all the material brought on record 
in respect of allocation of funds and expenditures incurred on the 
projects/schemes, it is prima facie held that the poor citizens of the 
Const.P.115/12 etc. 
30 
Province of Balochistan are being deprived of the fundamental right to 
life as envisaged under Article 9 of the Constitution. It is pertinent to 
note that the present situation also runs contrary to Article 3 of the 
Constitution, which provides that the State shall ensure the elimination 
of all forms of exploitation.  
16. 
  
The functionaries of Province of Balochistan, prima facie, 
are responsible for spending the huge funds contrary to the guidelines 
issued by the P&D Department, Government of Balochistan, thus are 
accountable, as the money which was spent has clearly not proved 
beneficial to the inhabitants of the far flung areas of Balochistan. Even 
according to the petitioner, who represents one of the political parties, 
there is no impact of such development out of PWP-I or from PSDP on 
the poor condition of general public. The report of the Committee as 
mentioned hereinabove categorically supports the case of the 
petitioner.  
17. 
  
It may not be out of context to note that the Chief Minister 
of the Province also sanctioned specific funds for the purpose of using 
PWP-II. Reportedly, funds meant for this programme had also not 
been used in a transparent manner and a thorough inquiry is also 
called for in this behalf.  
18. 
    
On having thoroughly examined all the aspects of the case it 
has been noticed that the Petitioner has brought a case of serious 
irregularities, illegalities and alleged misappropriation of funds mainly for 
the reasons that incidentally all the political parties or individual 
Members of the Provincial Assembly of Balochistan had joined the 
treasury benches, so there was no effective opposition except one or two 
Const.P.115/12 etc. 
31 
Members. This fact is evident from the information provided on official 
website of the Balochistan Assembly, which is as under:- 
Party Affiliation 
 
Government Alliance 
 
Opposition Alliance 
 
Pakistan People's Party 
Parliamentarians    
15  
Like Minded Group    
13  
Jamiat-e-Ulema Islam    
10  
Balochistan National Party 
(Awami)    
7   
Independent    
6   
Pakistan Muslim League (Q)    5   
Awami National Party    
3   
Pakistan Muslim League (N)    1   
National Party    
1   
Jamiat-e-Ulema Islam 
(Idealogical)    
1   
Total 
62 
 
Independents 
(Opposition)    
2  
Belongs to Pakistan 
Muslim League (Q) Opted 
Opposition Benches    
1  
Total 
 
 
 
Consequently, there was no Provincial Public Accounts Committee, 
primarily responsible to undertake scrutiny of the public funds from 
time to time being spent by the Government of the time.  
19. 
 
It is to be noted that as per Rules of Procedure of the 
Balochistan Assembly a comprehensive mechanism has to be evolved 
to ensure that funds belonging to public exchequer/taxpayers are not 
misappropriated by way of corruption or corrupt practices. However, 
for any reason, with reference to the province of Balochistan, in view 
of the circumstances narrated hereinabove, no Public Accounts 
Committee was constituted to have oversight, particularly on 
development schemes, both approved and unapproved.  To this effect, 
the provisions of Articles 169, 170 and 171 of the Constitution read 
with sections 8 and 12 of the Auditor-General's (Functions, Powers and 
Const.P.115/12 etc. 
32 
Terms and Conditions of Service) Ordinance, 2001, (which pertains to 
the functioning and powers of the Auditor General) have to be strictly 
invoked.  
20. 
 
Learned counsel appearing for the parties, however, had 
no objection on utilization of funds for the development purposes in a 
transparent manner and on adopting any mechanism to avoid 
corruption 
and 
corrupt 
practices 
during 
execution 
of 
such 
projects/schemes. We are of the opinion that to achieve such a noble 
cause and to ensure that the funds are being utilized for the protection 
of fundamental rights of the citizens ensured in the Constitution, a 
heavy burden has to be shouldered by the Executive/Government 
itself, because the Chief Minister and the Cabinet have the first and 
foremost duty to ensure that the funds are used to promote the 
welfare of the citizens strictly in accordance with the Constitution and 
the law.  
21. 
 
In the instant case, as noted hereinabove, an independent 
Committee was constituted pursuant to the order of this Court, which 
submitted its report through CMA No.136/2013. The reaction to the 
same has also been shown by filing of CMA No.533/2013. Therefore, 
further 
proceedings 
are 
required 
to 
be 
initiated 
by 
the 
Executive/Government. 
It 
is 
incumbent 
upon 
the 
Executive/ 
Government to examine/evaluate left over schemes i.e. 75% of the 
total, and if it is found that schemes/projects meant for community 
development have instead provided a golden opportunity to the 
respondent officials/officers/representatives to misappropriate the 
Const.P.115/12 etc. 
33 
public money by indulging into corruption and corrupt practices, then 
the Government must proceed against them in accordance with law.  
22. 
  
It is to be noted that in the meanwhile, after the General 
Elections held on 11.5.2013, the Petitioner’s political party i.e. 
Pakhtoonkhawa Mili Awami Party is one of the collation partners of the 
Provincial Government of Balochistan. Therefore, we feel that it has 
become all the more necessary for the Petitioners and their political 
parties to cooperate with other components of the coalition 
Government to check each and every scheme in the light of relevant 
rules, regulations and instructions issued by the Planning Commission 
of Pakistan and the Provincial Government to ensure the protection of 
Fundamental Rights of the citizens.  Ultimately, the whole exercise is 
to be undertaken to ensure that the funds which were provided to the 
representatives annually for the purpose of identifying schemes 
through concerned departments are spent in transparent manner, 
without indulging in corruption and corrupt practices. 
23. 
 
Thus, the Provincial Government of Balochistan, being the 
executive authority, must, under the law, undertake an exercise to 
ensure forensic audit of leftover 75% projects/schemes.  On receipt of 
the audit report, the matter should be taken up with the civil and 
criminal law enforcing agencies to ensure that delinquents, who have 
allegedly indulged in corruption and corrupt practices, are dealt with 
strictly in accordance with law so that it may serve as a deterrent for 
such like minded persons in future as well.  
Const.P.115/12 etc. 
34 
24. 
 
The order 10.4.2013 has already been modified because of 
the disposal of this petition; however, any other restraining order 
operating against the Provincial Government, is hereby withdrawn.  
25. 
 
These are the detailed reasons, with regard to Constitution 
Petition NO.115 of 2012, of short order dated 22.07.2013, passed 
jointly in Constitution Petition  No.115 of 2012 and Constitution No.20 
of 2013, contents whereof are reproduced hereinbelow:- 
“As far as the judgment in listed Constitution Petition 
No.115 of 2011 instituted by petitioner Abdul Rahim 
Ziaratwal and connected Constitution Petition No.20/2013 
on the subject “Action against Distribution of Development 
Funds by Ex-Prime Minister of Pakistan Raja Parvez 
Ashraf”, is concerned, the same is reserved.  
2. 
 However, in the meanwhile, with regards to the 
Schemes initiated out of the funds allocated to the PWP-II, 
the Executing Agencies are directed to undertake an 
exercise and examine across the board all the Schemes so 
as to ascertain as to whether the PEPRA Rules have been 
strictly followed and whether the development works were 
assigned to the Contractors in a transparent manner 
keeping in view the recognized standards for award of 
execution of such works; and whether the said schemes 
were based on feasible reports. If such Schemes are found 
to be in accordance with the conditions and observations 
made hereinabove the payments to the Contractors may 
be released to the extent of the work already completed.  
Const.P.115/12 etc. 
35 
3. 
 
As far as the left over work is concerned, it 
should be examined as to whether the same is in the 
public interest and is feasible to continue execution of the 
said schemes. If such schemes are found not to be in the 
public interest or feasible, the same shall be abandoned 
subject to the approval of the Competent Authority i.e. on 
whose behalf the Schemes were initiated; and the funds so 
made available shall be deposited with the public 
exchequer. The said Competent Authority shall also 
examine the possibility of proceeding further against such 
persons or agencies, who had allowed the execution of the 
works/schemes contrary to the PEPRA Rules, proper 
feasibilities or without following a transparent manner; 
before the Forums having jurisdiction to deal with such 
issues both civil as well as criminal, as the case may be. 
 
Chief Justice 
Judge 
Judge 
Announced in open Court on 5.12.2013 
At Islamabad 
 
Chief Justice 
Approved For Reporting 
