ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

C.P.No.D-864 of 2015.

Date of hearing

Order with signature of Judge

For Katcha Peshi.

25.01.2017.

Mr. Ashfaque Hussain Abro, Advocate for Petitioner.

Mr. Shafi Muhammad Chandio Addl.A.G a/with Munawar Ali Abbasi State Counsel a/with SIP-Muhammad Mujtaba on behalf of DIGP, Larkana.

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The petitioner was recommended by the recruitment committee to be appointed as Police Constable (BPS-5) in District Larkana by order of this the then SSP, Larkana by letter dated 16.6.2014. In the said letter before formally posting him petitioner was directed to appear before medical board and obtain fitness certificate. The petitioner accordingly appeared before the medical board in the Police line hospital Larkana and he was declared fit vide fitness certificate dated 18.6.2014. However despite having found even medically fit the respondents did not post him formally or allowed him or sent a letter for joining according to police rules. After several efforts to find out that why he has not been given appointment letter, the petitioner was constrained to file constitutional petition on 06.8.2015. The respondents took more than 01 year and 06 months in filing comments by SSP, Larkana and the case was adjourned for time and again and today DIGP, Larkana Range has also filed comments. In both the comments there is hardly any having adverse. However, it is mentioned that petitioner was involved in two cases under F.I.R No.228/2008 and 85/2009 at Police Station Ratodero under section 324 and 337A(i) F(i) P.P.C, however the petitioner has already been acquitted in those cases way back in 2014. Thereafter there is no case nor there was case even prior to these two cases. In any case having realized the circumstances the learned DIGP, inspected in his comments has conceded that the order of this Court will be implemented in letter and spirit meaning thereby that there is impliedly having no objection for appointment of this petitioner in terms of Annexure-A. The Para-4 of the comments of DIGP, Larkana is reproduced below:-

“04. That, any order passed by this Hon’able Court will be implemented, in letter and spirit”.

In view of above this petition is allowed and it has already almost three years since the petitioner was to be posted under a proper appointment letter as police constable BPS-5, therefore, the respondents are directed to complete the process within 15 days from today and handover him the posting letter and appoint him where they wish in accordance with law. This petition stand dismissed in above terms.

J U D G E

Syed Ashfaq