KPCTA Employees’ Induction: Difference Between 22nd BOD Minutes and Secretary’s Notification Raises Legal Questions

musarrat ullah jan -

 

Musarrat Ullah Jan , KikxNow Digital Creator

PESHAWAR: A review of available official documents concerning the induction of former Tourism Corporation Khyber Pakhtunkhwa (TCKP) employees into the Khyber Pakhtunkhwa Culture and Tourism Authority (KPCTA) has raised questions regarding the wording of the decision of the 22nd Board of Directors (BOD) and the subsequent notification issued by the Secretary Tourism.

According to a notification dated September 23, 2020, issued by the Tourism Department, the 22nd meeting of the Board of Directors of TCKP had decided that the entire staff of TCKP could be inducted into KPCTA “on regular basis.”

However, the available minutes of the 22nd BOD meeting held on May 24, 2020 contain different wording. The relevant decision states:

“The entire staff of the TCKP be inducted in the KP-CTA and its services shall be protected.”

The available BOD minutes do not contain the words “on regular basis” in this decision.

This difference raises a question as to the basis on which the expression “on regular basis” was included in the Secretary’s notification. The available documents alone do not establish whether the wording was based on another approved document, a subsequent decision, a recommendation, or an interpretation of the BOD decision. The relevant official file, approved minutes, agenda, scrutiny committee report and record of approval would therefore be required to establish the exact position.

The September 23 notification also refers to the decision of the Scrutiny Committee dated September 11, 2020, and cites the relevant provisions of the Khyber Pakhtunkhwa Tourism Act, 2019, as well as decisions of the boards of TCKP and KPCTA.

A separate legal question arises if Clause 11 of the Scrutiny Regulation 2020 required the competent authority to issue the formal retention notification after receiving the Scrutiny Committee’s report.

If the clause vested that authority in the Director General KPCTA, the legal basis under which the September 23, 2020 notification was issued by the Secretary Tourism would require examination.

A definitive conclusion on this point, however, would require examination of the complete text of Clause 11, the applicable Appointment and Conditions of Service Regulations 2020, and the delegation of powers in force at the relevant time.

A subsequent notification issued by KPCTA on October 2, 2020 also provides relevant context. It stated that the employees would remain subject to the terms and conditions contained in their initial appointment orders and that their performance would be evaluated against the job descriptions of their respective positions.

The notification further referred to the applicable provisions of the Khyber Pakhtunkhwa Tourism Act, 2019 and the KPCTA Appointment and Conditions of Service Regulations 2020.

This raises a further question regarding the precise legal status of the employees after their induction into KPCTA, particularly whether they were treated as regular employees or retained under the contractual and performance-based framework referred to in the subsequent KPCTA notification.

Based on the documents available, the following questions merit clarification from the concerned authorities:

  • Did the 22nd BOD actually approve induction of the entire TCKP staff “on regular basis”, or did it only approve their induction into KPCTA with protection of their services?
  • If the phrase “on regular basis” was not part of the original BOD decision, on what approved record was it included in the September 23 notification?
  • Who was the competent authority under Clause 11 of the Scrutiny Regulation 2020 to issue the retention notification?
  • Did the Secretary Tourism possess the delegated legal authority to issue the September 23, 2020 notification?
  • What was the precise service status of the employees under the October 2, 2020 KPCTA notification?

The available documents, by themselves, do not establish deliberate wrongdoing, fabrication or mala fide action by any individual. However, the difference between the wording of the BOD minutes and the Secretary’s notification, coupled with the question of competent authority, warrants verification through the original official record.

The position of the Tourism Department and KPCTA should also be sought and incorporated before publication as a matter of fairness and journalistic due process.

#KPCTA #KhyberPakhtunkhwa #TourismDepartment #TourismCorporation #TCKP #PublicAccountability #GoodGovernance #Transparency #LegalQuestions #AdministrativeLaw #GovernmentRecords #BOD #ScrutinyCommittee #RightToInformation #RTI #InvestigativeJournalism #Accountability #KPNews #Peshawar #PakistanNews #TourismGovernance #KikxNow

 

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