ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3480 of 2016

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Order with signature of Judge

Present : Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Ghani Soomro

Muhammad Majid Khan.……………..……………….….Petitioner

Versus

Federation of Pakistan 02 others.………………....Respondents

Date of Hearing:- 19.08.2016

Mr.Haroon Shaikh, advocate for the petitioner

Shaikh Liaquat Hussain, Standing Counsel

………

Muhammad Ali Mazhar, J: The petitioner has challenged the Show Cause Notice dated 24.05.2016, issued by the respondent No.3, on the allegation that the petitioner is involved in processing 07 CNICs of intruders and entered in the family tree of one Liaquat Ali son of Fazal. Learned counsel argued that show cause notice is illegal and not in accordance with law. It is further stated that the respondent No.1 failed to provide complete documents of the inquiry proceeding to the petitioner. It is further stated that directions be issued to conduct fair inquiry and provide proper opportunity of hearing to the petitioner. Admittedly, a show cause notice has been issued on some allegations and it is privilege and prerogative of employer to initiate disciplinary proceedings and conduct inquiry into the allegation of misconduct against employee, if any, comes in the knowledge of any employer. So in our view, this petition is premature because inquiry proceedings are going on and no adverse action has taken so far against the petitioner.

In view of above, this petition is disposed of with the directions that all relevant documents be provided to the petitioner to rebut the allegations and after providing ample opportunity of hearing to him in the inquiry proceedings, the order may be passed in accordance with law. Inquiry shall be conducted in transparent manner with fair right of opportunity of hearing to the petitioner which is also a fundamental right envisaged under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.

Copy of this order may be transmitted to Director General, NADRA for compliance as today despite notice, nobody appeared for NADRA except learned Standing Counsel who looked after their interest.

J U D G E