ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-4776 of 2014

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                            Order with signature of Judge   

 

Present :     Mr. Justice Muhammad Ali Mazhar

                                Mr. Justice Abdul Ghani Soomro

 

Ms.Seema Khanum...…………………..……………….….Petitioner

Versus

Province of Sindh and 02 others…………………....Respondents

Date of Hearing:-           19.09.2016

 

Mr.Aamir Latif advocate holding brief for Ch.Azhar Elahi, advocate for the petitioner

Mr.Abdul Jalil Zubedi, AAG

………

Muhammad Ali Mazhar, J: Case of the petitioner is that in  the year 2003, she was removed from service under Sindh Civil Servants (E&D) Rules, 1973, vide order dated 12.06.2003 passed by Secretary to Government of Sindh, Education & Literacy Department, Karachi. However, she preferred an appeal and Section Officer (Appeals-I), Services, General Administration & Coordination Department, Government of Sindh, communicated that since proceedings were to be initiated under Removal from Service (Special Powers) Sindh Ordinance, 2000, therefore, imposition of earlier major penalty was not legal, hence appellate authority i.e., Chief Secretary was pleased to set aside impugned order with the directions to conduct Denovo proceedings. However, vide office order dated 3rd April, 2009, the petitioner was again dismissed from service under the provisions of Removal of Service (Special Powers) Sindh Ordinance, 2000, against which, her departmental appeal is pending. A letter issued by Section Officer (Appeals-III) dated 19th June, 2014 is also available on  record which was written to Additional Chief Secretary, Services, General Administration Coordination Department, with the request to provide parawise comments and other relevant record. Similar letter was also written on 29.04.2014 for the same purpose.

Since the petitioner has approached this court with the prayer that her pending appeal may be decided so that she may approach to appropriate forum for redress of her grievance, the learned AAG proposed that this petition may be disposed of with some directions to competent authority to decide the appeal of petitioner, if any, within 45 days. This proposal seems to be reasonable and associate of learned counsel for the petitioner also agrees on it. This petition is disposed of accordingly with pending applications.

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

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