ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-4776 of 2014
____________________________________________________________
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.
J
U D G E
J U D G E