ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

H.C.A. No.249 of 2020

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on office objection.

2. For order on CMA No.2949/2020.

3. For hearing of main case.

4. For order on CMA No.2950/2020.

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1^st November 2021

Malik Naeem Iqbal, Advocate for Appellant.

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1. Learned counsel for the appellant undertakes to comply with office objection before next date of hearing.

2. Exemption granted, but subject to all just exceptions.

3&4. Instant High Court Appeal has been filed against an order dated 04.12.2020 passed by the learned Single Judge, on the original side, of this Court in Suit No.763 of 2020 filed by the appellant with the prayer to declare the impugned letter of termination of services of the appellant by the respondents is illegal and without lawful authority, whereas, through impugned order, application filed by the appellant under Order XXXIX Rules 1&2 read with Section 151 CPC (CMA No.5487/2020) seeking injunctive relief has been dismissed and the application filed by the respondent under Order VII Rule 11 CPC (CMA No.5897/2020) has been allowed and the plaint of suit has been rejected.

Learned counsel for the appellant submits that while rejecting the plaint, learned Single Judge being cautioned of the fact that the adverse remarks against the appellant were not justified for the reason that in terms of Clause 14 of the terms and conditions of the employment, the services of appellant could have been terminated without notice or assigning any reason, whereas, in the impugned termination letter, there are certain adverse remarks leveled against the appellant. It has been further submitted by the learned counsel for appellant that appellant was entitled right of hearing before terminating his services by the respondent.

Conversely, Mr. Ayan Mustafa Memon, Advocate has shown appearance on behalf of the respondents Nos.2&3 and waives notice of instant appeal alongwith annexures. He, however, controverted the submissions of the learned counsel for appellant and submits that this is a case of termination of services of the appellant in terms of clause 14, whereby, no notice is required, however, with regard to adverse remarks learned Single Judge in the impugned order has been pleased to direct the respondent to expunge such remarks so it may not part as stigma for service career of the appellant. It has been further submitted that pursuant to the Court’s directions such remarks have been duly expunged, whereas, the entire retiring benefits have also been paid to the appellant. In support of his contention, learned counsel for the respondents No.2&3 has filed a statement alongwith copies of letter dated 22.01.2021 and 30.06.2020.

While confronted with hereinabove position, learned counsel for the appellant requests for short adjournment to seek instructions from his client, however, requests that notice of instant appeal may be issued to the learned D.A.G. Let notice be issued to the learned D.A.G. for 16.11.2021.

J U D G E

*Farhan/PS*