ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-6925 of 2015

____________________________________________________________

Order with signature of Judge

Present : Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Ghani Soomro

Munir Ahmed Charan and others....……………….….Petitioners

Versus

Province of Sindh and others…..…………………....Respondents

Date of Hearing:- 01.09.2016

Mr.Ghulam Sarwar Chandio, advocate for the petitioners

Mr.Abdul Jalil Zubedi, AAG

………

Muhammad Ali Mazhar, J: On last date of hearing, we directed learned AAG to submit progress report as to whether this suspension period will continue for an unlimited period or there are some proceedings pending for suspension. Learned AAG submits that he has already written a letter to concerned department but no progress report has been submitted. In fact the petitioners have challenged their suspension order dated 11.08.2014 issued to 405 employees including the petitioners and on same day another order was issued for stoppage of salaries of those employees who were allegedly appointed/promoted through fake IDs/promotion orders.

It is a settled law that suspension period cannot continue for an unlimited period as in this matter, more than 02 years have passed but no further action seems to have been taken nor any progress report has been filed. Though it is prerogative of an employer to conduct inquiry into charges of misconduct against an employee and take any action in accordance with law but at the same time, blanket protection cannot be granted to continue suspension period without any further progress for an unlimited period.

- : 2 : -

This petition is disposed of with the directions to Chief Secretary as well as Secretary, Education & Literacy Department to complete the process in accordance with law in pursuance of suspension order within a period of 02 months.

Copy of this order be transmitted to learned AAG for compliance.

J U D G E