ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-4654 of 2016

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                            Order with signature of Judge   

 

Present :     Mr. Justice Muhammad Ali Mazhar

                                Mr. Justice Abdul Ghani Soomro

 

Bux Ali Samtio……………...…………..……………….….Petitioner

Versus

Province of Sindh and another………...…………....Respondents

 

Date of Hearing:-           30.08.2016

 

Mr.Ali Asadullah Bullo, advocate for the petitioner

Mr.Abdul Jalil Zubedi, AAG

………

Muhammad Ali Mazhar, J: Admittedly the petitioner is a civil servant and he has been reverted back vide order dated 18.07.2016. On the face of it, this order has been passed in pursuance of judgment of hon’ble Supreme Court passed in Criminal Original Petition No.89/2011 and Civil Review Petition No.193/2013, and through this departmental order, up-gradation of the petitioner was cancelled/withdrawn with immediate effect. When learned counsel was asked as to whether any review application has been filed in the apex court, he replied that no such application has been filed. However, he submits that departmental appeal has been preferred to Chief Secretary, Government of Sindh which is pending. Copy of memo of appeal is available at page-29. Though this petition is not maintainable being barred under Article 212 of Constitution of Islamic Republic of Pakistan, 1973, so also the reversion order was passed in pursuance of judgment of hon’ble Supreme Court, but the learned  counsel submits that at  least some directions may be issued to decide his departmental appeal on which Mr.Abdul Jalil  Zubedi, learned AAG, present in court waives notice of this  petition, receives  copy whereof and submits that pending  appeal if any may be decided by competent authority within a period of 45 days.

This petition alongwith pending applications is disposed of accordingly.

                                                             J U D G E

                                                J U D G E