ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 2529 & 2551 of 2013

Date of hearing

Order with signature of Judge

1. For orders on office objection

2. For hearing of CMA No. 7891/2013

3. For hearing of main case

06.11.2018

Mr. Hadi Bux Bhatt advocate for petitioners in CPD-2529/2013.

Mr. Qurban Ali Malano advocate for petitioners in CPD-2551/2013.

Mr. Parya Ram Vaswani advocate for Municipal Committee, Ghotki.

Mr. Zulfiqar Ali Naich Assistant Advocate General Sindh.

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Learned counsel for the petitioners in CPD-2529/2013 does not press this petition on behalf of petitioners Nos. 8, 9 and 15 and as such only to the extent of these petitioners, the petition is dismissed as not pressed.

Heard counsel and perused the record.

The common grievance of the petitioners in these two petitions is that they were terminated by letter dated 03.07.2013 without giving them an opportunity to respond to the allegations made against them. It is a case of the petitioners that public notices were issued and they were recruited accordingly after passing test. Such contention of the petitioners’ counsel is seriously denied as there is no public notice of any newspaper available and that the appointment letters were only on the recommendation of one Jam Ikramullah Khan Dharejo MPA Sindh and that in the appointment letter there was no reference of any merit list or entitlement of the petitioners.

When confronted with the termination letter as referred above dated 03.07.2013, learned counsel appearing for the Municipal Committee, Ghotki agreed that a show-cause notice in respect of the issue in hand should have been first issued before terminating them and, prima facie, they were condemned unheard though on merit they are not entitled to be recruited as codal formalities have not been fulfilled and these are only fake appointments and the concerned MPA is to be blamed along with these petitioners. The learned counsel after addressing the Court have agreed that while the status quo is being maintained, the authority concerned of Municipal Committee, Ghotki shall issue them a show-cause notice in respect of their appointment being fake and without codal formalities which shall be responded within one week of the issuance of the notices. The petitioners shall be heard by the competent authority and pass a speaking order and compliance report be submitted to this Court soon thereafter. It is expected that a speaking order shall be passed by the authority concerned. While responding to the show-cause notice, the petitioners shall respond to all queries, such as, public notice in three (03) newspapers, recommendation of one MPA of Sindh and fulfillment of the other codal formalities under service laws of Local Government as in the absence of such codal formalities, no recruitment shall be termed as transparent process as required under the law. Both the petitions and listed applications stand disposed of in the above terms, however, compliance report be submitted on 22.11.2018.

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J U D G E

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J U D G E

N.M.