ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-4354 of 2015
____________________________________________________________
Order
with signature of Judge
Present : Mr. Justice Muhammad Ali Mazhar
Mr. Justice
Abdul GhaniSoomro
Dr.GhulamGhous
Khan
......
.
.Petitioner
Versus
Province
of Sindh and another..
....Respondents
Date
of Hearing:- 16.09.2016
Mr.MoharramG.Baloch,
advocate for the petitioner
Mr.AbdulJabbarQureshi,
AAG
Muhammad
Ali Mazhar, J: Infact the petitioner has challenged the order
dated 10.07.2015 whereby the petitioner was suspended. Learned counsel argued
that suspension order was passed in the month of July, 2015 but till today
neither any show cause notice has been issued nor any inquiry has been
initiated, even the petitioner is totally unaware of allegations against him
for which he has been suspended. He further argued that suspension order has
been passed to victimize the petitioner. Comments of the respondent No.2 are
available on record in which it is
stated that the petitioner made some
appointments without following proper procedure and completing codal
formalities and on knowing this fact, the department decided to conduct inquiry
in the matter. It is further stated that
Inquiry Committee was constituted on 07.07.2015 to conduct impartial inquiry
and reference was also made to SGA&CD for placing services of the
petitioner under suspension. Though in the comments, some efforts have been
shown to deal with the matter but still no final order has been passed nor any
inquiry has been conducted as according the petitioners counsel, he has not
been given any right of audience in the inquiry. When these facts were
confronted to learned AAG, he submits that some directions may be issued to
competent authority to decide the matter to an early date. Though suspension
order can be passed by competent authority but suspension period cannot
continue for an unlimited period of time.
As a result of above discussion, this
petition alongwith pending application is disposed of with the directions to
competent authority to decide the matter within 02 months after providing ample
opportunity of hearing to the petitioner and submit the report through MIT-II
of this court.
J
U D G E
J U D G E