ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D- 1298 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A 9170/16

2. For orders on office objection

3. For orders on M.A 9171/16

4. For Katcha Peshi.

29.06.2016.

Mr. Sajid Ali Soomro, Advocate for petitioner.

Mr. Allah Bachayo Soomro, A.A.G.

-.-.-.

1. Urgency granted.

2to4. The petitioner has approached this Court for his reinstatement as Junior Clerk (BS-7) with all back benefits in the office of Inspector General of Prisons Sindh Karachi/Hyderabad. The appointment letter was issued to him on 15.08.2012 while on 05.09.2012 due to alleged non-joining of service and submission of required documents, the appointment order of the petitioner and other 25 persons was recalled by the Inspector General of Prisons Sindh. When we raised question of laches, learned Counsel pointed out that before coming to this court the complaint was filed before the Provincial Ombudsman, which was decided vide order dated 18^th November, 2014 with the directions to the Inspector General of Prisons Sindh to withdraw the cancellation order and restore the services of the complainants with retrospective effect. The compliance report was directed to be submitted within thirty days. Since the order of the Provincial Ombudsman has not been complied with, therefore, the proper remedy was available to the petitioner to approach the office of Provincial Ombudsman and file proper application for non-compliance of the order and its implementation in accordance with the law. However, the petitioner has chosen to avail remedy of constitutional petition for the implementation of Ombudsman’s orders which is not maintainable. Learned A.A.G is present in Court who waives notice of this petition and he is also of the same view.

In view of above, this petition is disposed of alongwith pending application with the directions to the petitioner to approach the office of Provincial Ombudsman for the compliance of the order and it is expected that if any such application is filed, the learned Ombudsman will decide the same so that the order passed by their secretariat may be complied with and implemented.

JUDGE

Ali Haider