ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

                         C.P. NO. D – 6446 OF 2016

____________________________________________________________                                        Date                      Order with signature of Judge 

____________________________________________________________

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Syed Saeeduddin Nasir

Syed Azhar-ul-Haq Haqqi ………………………….  Petitioner

Versus

The Education & Literacy Department

& Others ……………………………………………….  Respondents

29-11-2016

Mr. Emad-ul-Hasan, Advocate for petitioner.

Mr. Sibtain Mehmood, AAG.

-x-x-x-x-

Muhammad Ali Mazhar, J: The petitioner had filed a complaint before the Provincial Ombudsman (Mohtasib) Sindh against the respondents for his due promotion in BPS-20, which was not allowed to him till his retirement dated 03.01.2010. The respondent before the Mohtasib was Education and Literacy Department, Government of Sindh. On the complaint of petitioner, the respondents were directed by the Ombudsman Sindh to put up summary before the competent authority and seek approval for proforma promotion of the complainant with effect from 11.03.2003, the date on which his juniors had been promoted. The Ombudsman had also directed to submit compliance report within 45 days and disposed of the complaint vide order dated 31.03.2014.

2.       Learned AAG waives notice and receives copy of the petition.

3.       The grievance of the petitioner is that despite lapse of considerable time, the order has not been complied with. The question raised by this Court as to whether any contempt proceedings have been initiated under Section 16 of Establishment of the Office of Ombudsman for Province of Sindh Act, 1991, the learned counsel for the petitioner points out that no contempt application has been filed but the petitioner filed an application for implementation of the order. Basically, the petitioner has approached this Court for implementation of the order. Under Section 16 of the aforesaid Act ample powers have been vested in the office of Ombudsman to implement the order. So at this stage, it would be more appropriate for the petitioner to approach to the same authority rather filing this petition for implementation. The learned counsel also could not satisfy about the alleged vires of Rule 7-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules 1974.

4.       After arguing at some length, the learned counsel for the petitioner is willing to approach the office of the Ombudsman and file application for initiating contempt proceedings, however, he requests that some directions may be issued to the concerned authority to expedite the matter. In view of this statement, the instant petition is disposed of, however, if any such application is filed under Section 16 of the aforesaid Act, the Ombudsman will decide the same preferably within a period of 45 days.

JUDGE

JUDGE

saleem