ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-3585 of 2014

Date                            Order with signature of Judge

Present:

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Maalik Gaddi

Hasan Haider                                              ………….                  Petitioner

Vs.

Mohammad Yamin, District and Sessions Judge,

Malir Karachi &others                 …………                  Respondents

01.11.2016

Ms. Sadia Khatoon, Advocate for Petitioner

Mr. Sibtain Mehmood, AAG

                        --------------------

Muhammad Ali Mazhar, J.          The Petitioner has alleged in this petition that the respondent No.1 (District and Sessions Judge, Malir, Karachi) is causing some harassment and forcing him to tender his resignation from the post of Bailiff.

2.         Since no comments were filed earlier, therefore, vide Order dated 14.10.2016, we observed that the learned District and Sessions Judge, Malir, Karachi has been arrayed by his name in this petition, but presently some other learned Judge is holding this office, therefore, we directed the MIT-II of this Court to check and ensure that the comments are filed before the next date of hearing. The learned MIT-II has submitted the statement along with comments of the present District and Sessions Judge, Malir, Karachi, which shows that the petitioner tendered his resignation by his own accord and along with the comments, he has also attached the copy of resignation, which was accepted on 24.7.2014 by the then District and Sessions Judge.

3.         After bringing on record the copy of resignation and its acceptance, it is clear that the matter has already been attained finality and no question arises to feel apprehension of taking alleged forced resignation or otherwise. If the petitioner has any grievance in this regard, he may file review application to the concerned District Judge or may move to the appellate authority.

            This petition is dismissed alongwith pending application.

Judge

Judge

Nisar/pa