ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Justice Mrs. Kausar Sultana Hussain

1. Const. Petition No.D-7401 of 2021

Agha Fahad Ahmed ………...…………..…. Petitioner

2. Const. Petition No.D-7407 of 2021

Noorullah Abro ……………………..…. Petitioner

3. Const. Petition No.D-7408 of 2021

Abdul Sattar Solangi ……………………..…. Petitioner

4. Const. Petition No.D-7409 of 2021

Abdul Hameed Suhag ……………………..…. Petitioner

5. Const. Petition No.D-7410 of 2021

Shah Muhammad Noonari ……………………..…. Petitioner

6. Const. Petition No.D-75 of 2022

Ali Raza and 12 others ……………………..…. Petitioners

VERSUS

Chief Secretary, Government of Sindh,

and others . ……………………….. Respondents

FOR PETITIONERS:

Mr. Zia-ul-Haq Makhdoom, Advocate for Petitioner in CP No.D-7401/2021 alongwith M/s. Hira Agha, Fatima Ashfaq, Amna Khan, Azhar Mahmood, Noman Khanzada, Advocates.

Agha Haris Khan, Advocate for Petitioner in CP No.D-7407 to 7410/2021.

M/s. Shahab Sarki and Zulfiqar Ali Langah, Advocates for Petitioner in CP No.D-7407/2021 to 7410/2021.

Mr. Muhammad Haseeb Jamali, Advocate for Petitioner in CP No.D-75/2022 alongwith M/s. Hidayat Mangrio and Muzammil Hussain Jalbani, Advocates.

FOR RESPONDENTS:

Mr. Ziauddin Junejo, Asst. A.G. Sindh alongwith Saim Imran Khan Administration Officer, SLGB & Ms. Saima Imdad Mangi, AAG.

Dates of Hearing : 09.12.2022 & 14.12.2022

Date of Short Order : 14.12.2022.

J U D G M E N T

Aqeel Ahmed Abbasi, J : -- Above Constitutional Petitions have been filed against identical order(s) dated 22.11.2021 passed by the Chief Secretary, Government of Sindh (Appellate Authority), whereby, pursuant to order dated 06.12.2017 passed in Civil Petitions No.3440/2017 (and others), while setting aside the judgment passed by the Divisional Bench of this Court in Constitution Petition Nos.5577/2016 (alongwith other petitions) [Re: Agha Fahad Ahmed Khan v. Province of Sindh & others], such Writ Petitions of the petitioners were directed to be treated as appeals before the Departmental Authority and sent them for being decided in accordance with law after hearing the appellant(s), the appeals filed by the appellants/petitioners against identical order(s) dated 10.10.2016 passed by the Secretary, Sindh Local Government Board, Local Government Department, Government of Sindh, whereby, officers appointed in the years 2012 and 2013 and afterward working against the post(s) of BPS-16/SCUG (Admin Branch), including petitioners were relieved from their services, have been rejected. Petitioners being aggrieved by such impugned order passed by the Chief Secretary have assailed the same through instant Constitutional Petitions for being perverse, illegal and unconstitutional.

2. The above petitions were taken up jointly for hearing, which are hereby disposed of through a common judgment, as the facts and legal issue involved therein are similar, whereas, the impugned order(s) are also identical, containing same reasons of relieving/termination of services of the petitioners, therefore, in order to avoid repetition, we would refer to the relevant facts and the documents produced by the petitioners and the respondents in CP No.D-7401/2021 in the case of Agha Fahad Ahmed v. Chief Secretary and others, which reads as follows: -

I. That by way of essential background, most respectfully it is submitted that respondent No.2 vide publication dated 24.02.2012 and 26.02.2012 published in Daily “Kawish” invited applications for various posts including but not limited to the post of Chief Municipal Officer/Chief Officer. The factum of advertising the post has categorically been admitted by the respondents at all forums.

II. That the petitioner being eligible, applied for the post of Chief Municipal/Chief Officer. It is worth mentioning here that the petitioner successfully qualified all the requisite test and interview. Consequently, vide appointment letter dated 30.11.2012, the petitioner was appointed as Chief Municipal Officer.

III. That the petitioner accordingly accepted the offer and also submitted the documents as required by the respondent No.2 vide appointment order dated 30.11.2012.

IV. Although, the petitioner submitted his acceptance on 10.01.2013, yet the respondent No.2 took a collusive time in issuing the formal appointment order, which order upon repeated persuasion of the petitioner was issued on 05.08.2013. After being appointed, the petitioner got his first posting with the Deputy Commissioner/Administrator DMC South Karachi. The petitioner on 16.08.2013 submitted his joining report and vide order dated 17.08.2013 the petitioner was allowed to join the duties.

V. Thereafter, the petitioner was posted at various places, although it is regretted to point out that the petitioner was not allowed to complete his formal tenure of posting, which fact is evident form the fact that within a short span of 20 months, the petitioner was posted as Assistant Director (Taxation), Director (Parks), Town Officer and Municipal Commissioner.

VI. That the petitioner was performing his duties to the utmost satisfaction of his superiors. However, vide letter dated 10.10.2016, the respondent No.4 relieved the petitioner from his duties. The real meaning, import and impact of the letter dated 10.10.2016 was termination, however, in order to hoodwink upon the petitioner and other employees, the respondent No.4 camouflage it as a relieving order. The purported reason for issuing of patently bogus letter dated 10.10.2016 was disclosed as that the petitioner and other employees were not appointed by the respondent No.4.

VII. That being aggrieved and dissatisfied with the letter dated 10.10.2016 the petitioner and his other colleagues challenged the same by preferring C.P. No.D-5577/2016 and other petitions. All the petitions were clubbed together and were finally heard and decided vide judgment dated 27.09.2017. The learned Divisional Bench of this Court dismissed all the petitions and upheld the order dated 10.10.2016.

VIII. That the petitioner amongst other challenged the same before the Hon’ble Supreme Court of Pakistan in CPLA No.3440/2017, after observing all codal formalities the Hon’ble Apex Court vide order dated 06.12.2017, allowed petitions and set aside the order dated 27.09.2017. However, the Hon’ble Apex Court ordered that the petitions filed by the petitioners be treated as an appeal and the same would be decided after affording opportunity of hearing to the petitioners.

IX. In order to sort out pro and contra of the documents, a four members committee was constituted, who in response to the letters dated 08.01.2020 and 08.06.2020 issued by the respondent No.2 submitted its report. The committee audited the entire process. The inquiry committee gave its categorical findings with regard to the contentions that were raised especially before this Hon’ble Court. It is pertinent to mention here that after considering the entire material, the committee recommended that the petitioner be reinstated in service.

X. In this backdrop, the petitioner was directed by the respondent No.1 to appear in person for personal hearing. It is regretted to point out that the respondent No.1 failed to offer any meaningful hearing to the petitioner as also the respondent No.1 categorically failed to consider the inquiry report and without applying judicious mind, dismissed the appeals vide order dated 22.11.2021, which is illegal, unlawful, unconstitutional, malafide and result of perversity of approach, hence the same is liable to be set aside.

3. Before filing above petitions, the petitioners had filed Constitutional Petition No.D-5577/2016 alongwith other connected petitions, whereby, their relieving / termination from services vide order(s) dated 10.10.2016 was challenged before a Divisional Bench of this Court, which petitions were, however, dismissed vide order dated 27.09.2017 in the following terms: -

“14. In absence of aforesaid material, the petitioners have failed to make out a case of lawful appointments. The entire case is based upon factual controversy which cannot be gone into by this court in exercising of its constitutional jurisdiction.”

4. However, such order was assailed by the petitioners before the Hon’ble Supreme Court of Pakistan in CPLA No.3440/2017 (and others), which were converted into appeals and allowed, while setting aside the impugned judgment passed by the learned Divisional Bench of this Court in the above petitions, with the directions to treat writ petitions of the petitioners as appeals before the Departmental Authority (Appellate Authority) and to be decided in accordance with law after hearing the appellant(s). Thereafter, the Chief Secretary, Government of Sindh through impugned order(s) dated 22.11.2021 has dismissed such appeals of the petitioners, which have been assailed by the petitioners in these petitions.

5. It will be advantageous to reproduce both the orders of relieving and order of termination passed by the respondent No.2 on 10.10.2016 and respondent No.1 on 22.11.2021 respectively, against the petitioners, which read as follows: -

GOVERNMENT OF SINDH

LOCAL GOVERNMENT DEPARTMENT

(SINDH LOCAL GOVERNMENT BOARD)

No.SLGB/SCUG/AO/Gen/293&297 of 2013/2017/1708

Karachi, dated 10 Oct 2016.

To,

The Director local Government Department,

Karachi/Hyderabad/Sukkur/Larkana/Shaheed Benazir Abad/Mirpur Khas Division

Subject :RELIVING OF OFFICER OF BPS-16/ADMIN/SCUG APPOINTED AFTER 2012-13 AND AFTERWARD AND WHOSE NAME IS NOT INCLUDED IN THE LIST OF SUCCESSFUL CANDIDATES SUBMITTED BEFORE HONOUABLE HIGH COURT OF SUKKUR IN CPD-293/2013 FILED BY MR NADIM AKBER VS POS AND OTHERS.

Whereas, the following officers of BPS-16/SCUG (Admin Branch) were declared successful and appointed in response to the advertisement of the posts of BPS-16 SCUG/Admin Branch published in the year 2011-2012. It is pertinent to mention that the list of successful candidates was also submitted in the year 2013 before the Honorable High Court of Sindh Bench at Sukkur in CPD-293/2013 filed by Mr. Nadim Akber S/o Ali Akber V/s. Province of Sindh and others.

*Sr. #*	*NAME WITH FATHER’S NAME*
1	Abdul Waseem Jamali S/o Rehmatullah
2	Aneel Gul Juneejo S/O Ghulam Muhammad
3	Sohail Ahmed Khan S/O Sadaruddin Khan
4	Javed Khan S/O Aftab Khan
5	Shafqat Hussain S/O Aftab Khan
6	Kazim Ali Khan S/O Riaz Hussain Mughal
7	Mujeeb Khan Durani S/O Late Haji Attaullah Khan
8	Sher Zaman Khan S/O Haji Yakoob Khan Durrani
9	Sohrab Khan Jakhirani S/O Kher Bux Khan
10	Shakeel Ahmed S/O Pir Bux Khan
11	Muhammad Nawaz S/O Rasool Bux Brohi
12	Zulfiqar Ali Marfani S/O Dhani Bux
13	Musaib Khan S/O Asif Khan
14	Shafeeq Ahmed Bhutto S/O Rahim Bux
15	Ghulam Murtaza Jagirani S/O Muhammad Hassan
16	Aaser Khan Mugrani S/O Amanullah
17	Anwer Leghari S/O Alamgir Leghari
18	Zahoor Hussain Rajpar S/O Niaz Muhammad
19	Muhammad Khan Odho S/O Haji Meeral
20	Ubaidullah S/O Abdul Wahid Soomro
21	Khalid Ahmed Laghari S/O Bashir Ahmed
22	Abdul Waheed S/O Ubaidullah Domki
23	Humayoon S/O Imran Aslam Khan
24	Rasool Bux S/O Ghulam Asghgar Chachar
25	Ellahi Bux Bhanbhan S/O Zahid Ali
26	Nadeem Hyder Jalbani S/O Ali Haider
27	Zulfiqar Ali S/O Muhammad Ali Bhutto
28	Gada Hussain S/O Bahwal Khan Zardari
29	Fayaz Hussain Zardari S/O Khadim Hussain Zardari
30	Faisal Hassan S/O Haji Muhammad Hassan Dehri
31	Syed Buland Shah S/O Syed Zulfiqar Ali Shah Alias Syed Sajid Shah
32	Shah Jahan Shah S/O Ameer Ali Shah
33	Ghulam Murtaza Shah S/O Syed Mauj Darya Shah
34	Hassan Ayoub S/O Choudhry Muhammad Ayoub
35	Junaid Ahmed Chandio S/O Ali Anwar
36	Irshad Ali Zardari S/O Moula Bux Zardari
37	Shaheed Illahi Bux S/O Shahid Iqbal Siyal
38	Zahid Hussain Jamali S/O Mir Maqbool Jamali
39	Muhammad Rafiq Shaikh S/O Abdul Karim Shaikh
40	Ghulam Muhammad S/O Sharif Mahar
41	Maqsood Ali S/O Abdul Raheem Jatoi
42	Furqan Bhagat S/O Abdul Salam Bhagat
43	Amir Ali S/O Abdul Razzak Bhutto
44	Ali Raza S/O Dost Ali Jessar
45	Adeel Ahmed S/O Arz Muhammad Gopang
46	Zulfiqar Ali S/O Ali Dino Khan Mahar
47	Mir Mumtaz Ali S/O Mir Mehrab Khan Domki
48	Sikandar Ali S/o Amiur Khan Mirani
49	Ahmed Shah S/O Ghulam Shah Jilani
50	Ghulam Hussain S/O Ali Nawaz
51	Pervaiz Ahmed S/O Nafeez Ahmed Umrani
52	Abid Latif S/O Abdul Lateef
53	Aijaz Ali Shaikh S/O Nehal Khan
54	Mohsin Ali S/O Jamaluddin Shaikh
55	Junaid Chandio S/O Ali Anwar Chandio
56	Kashif S/O Fateh Khan
57	Roshan Ali Lolai S/O Parwano Faqeer
58	Faraz Khan Mughal S/O Riaz Khan Mughal
59	Abdul Jabbar Mehar S/O Abdul Karim
60	Malik Mujtaba Ayaz S/O Ayaz Malik
61	Tabish Hussain S/O Aftab Hussain
62	Nisar Ahmed Rahpoto S/O Kher Muhammad
63	Fida Hussain Magsi S/O Bukhsal Khan Magsi
64	Mehfooz Ali Shah S/O Karim Din Shah
65	Sher Ali S/O Abdul Wahab
66	Muhammad Ali S/O Abdul Karim Laghari
67	Pir Bux S/O Muhammad Ibrahim Jamali
68	Muhammad Rafiq S/O Hameedullah Khan Buledi
69	Mir Aslam S/O Ali Gul Alias Riyasat Ali Baloch
70	Mushtaq Hussain S/o Ghulam Qadir Mangi
71	Wahab Aziz S/O Abdul Aziz Chacho
72	Agha Sumar Khan S/O Agha Bashir
73	Kashif Imtiaz S/O Imtiaz Ahmed Khan Junejo
74	Abdul Jabbar S/O Muhammad Amin Thaheem
75	Imtiaz Ahmed S/O Abdul Karim Soomro
76	Sajjad Ahmed S/O Gul Baig Samiar
77	Qamar Zaman S/o Ghulam Qadir Indhar
78	Imran Ali Indhar S/o Mian Ashiq Hussain
79	Bagan S/o Farid Khan
80	Jhamandas S/O Shankar Lal
81	Saeed Ahmed S/O Nisar Ahmed
82	DaryaKhan Magsi S/o Abdul Ghafoor Magsi
83	Saim Imran S/o Imran Khan
84	Sarfraz Khan S/o Akhtar Ahmed
85	Mohsin Ali S/O Hakim Ali
86	Mr. Mumtaz Ali S/o Muhammaqd Misri Khan

Therefore, it is required to relieve an officer appointed in the year 2012-13 and afterward and working against the post of BPS-16 of SCUG Service (Admin Branch), if the name of person is not included in the list of successful candidates submitted before the Honorable High Court of Sindh Bench at Sukkur in C.P. No.D-293/2013 filed by Mr. Nadim Akber S/o Ali Akber V/s. Province of Sindh which is reproduced above.

SECRETARY TO GOVERNMENT OF SINDH”

“No. SO (APLS-III) S&GAD/24(454)/2018

GOVERNMENT OF SINDH

SERVICES, GENERAL ADMINISTRATION &

COORDINATION DEPARTMENT

Karachi dated the 22^nd November 2021

O R D E R

“WHEREAS, Honorable Supreme Court of Pakistan vide Orders dated 06.12.2017 & 29.01.2018 converted civil petitions No.3440 of 2017, 4780 of 2018 & Other into appeals before the departmental authority and send them for being decided accordance with law after hearing the appellants.

WHEREAS, The recruitment process in Sindh Local Government Board, to ﬁll the vacancies of BS-16 & BS-17 in four Branches i.e (Administration, Accounts, Engineering & Medical Branch) of SCUG Service was initially started in the year 2011 by publishing advertisement in leading newspapers dated 24.11.2011 & 26.12.2011. Later on Local Government Department, in pursuance of order of Honorable High Court dated 22.02.2012 in C.P.No.-D-3406 of 2011 winded the entire process of recruitment and in order to comply with the strict criteria laid down in Rule 4(2) of Sindh Council uniﬁed Grade (SCUG) Service, Rules 1982, invited fresh applications by advertising in leading newspapers dated 24.02.2012 & 26.02.2012. All the applicants, who met out the prescribed criteria were called for written test / Interview at 23 designated test centers throughout the province on 11.03.2012. Pursuant to that public notice, candidates possessing prescribed qualiﬁcation and having domicile of Sindh province were allowed in the written test and those who have passed the written test were called for interview before the selection committee, notiﬁed dated 09.12.2011. The Successful candidates were given offer orders dated 30.11.2012 for appointment in BS-16 & BS-17 in SCUG Service (Adminstration Branch).

WHEREAS, The above mentioned recruitment process made in the SLGB was challenged in the High Court of Sindh, Circuit Court Sukkur by ﬁling C.P.No. 293/2013 by Mr. Nadeem Akber & another C.P.No D-297/2013 ﬁled by Umair Ahmed Others. The SLGB in the subject petitions submitted its report dated 08.05.2013 containing a list of successful candidates including 103 in (BS-17) & 86 in (BS-16) in the Honorable High Court Sukkur. The Honorable Court vide order dated 31.07.2013 dismissed CP.No. 293/2013 and other allied petitions, consequently all the successful candidates were issued appointment orders on 05.08.2013. Later on other petitions CP.No.D1034/2013 & C.P.No. D-777/2013 were also ﬁled by Sarfraz Ahmed Panhwer & Abdul Sattar in the High Court Larkana. The Local Government Board also submitted the list of successful candidates, appointed for the posts of Town oﬃcer (BS-16) & Chief Oﬃcer (BS-17) in the Honorable Court.

AND WHEREAS, the Secretary Local Government Board issued two letters dated 10.10.2016, addressed to the Director Local Government Department, Karachi / Hyderabad / Sukkur/Larkana/Shaheed Benazir Abad/ Mirpur Khas Division, Sindh, with advice to relieve the oﬃcers of BS-16 & BS-17, SCUG (Admin Branch) in Local Government Board appointed in the year 2012-2013 and afterwards, if the name of the person is not included in the list of successful candidates, submitted before the Honorable High Court of Sindh Bench Sukkur in C.P.No.D-293/2013. Subsequently Mr. Noorullah Abro and others, being aggrieved by the relieving letter /Order dated 10.10.2016, ﬁled C.P.No.D-5542/2016 in the High Court of Sindh Karachi, challenging their relieving order. The Honorable High court of Sindh in its detailed Judgment dated 27.09.2017 dismissed the said petition along with pending applications. Subsequently SLGB vide order dated 4th October 2017, relieved 37 oﬃcers from their posts & vide another intimation dated 4th October, 2017, Other 29 oﬃcers were informed that the constitution petitions ﬁled by them have been dismissed by the Honorable High Court. Agha Fahad Khan, Abdullah Palejo and other petitioners ﬁled Civil petitions No.3440 of 2017, Civil petition No.4780 of 2017 & 4860 of 2017, the Honorable Supreme Court of Pakistan vide orders referred above converted all the petitions into departmental appeals.

AND WHEREAS, The appellant, Agha Fahad Ahmed Khan was given opportunity of personal hearing on 26.07.2021. During the Course of personal hearing the applicant failed to produce any substantial record which can prove that he had qualiﬁed the written test / Interview, whereas the view point of the representative of the Department was that the name of appellant is not reﬂected in the list of successful / selected candidates, as already submitted before the Honorable High Court.

NOW THEREFORE, after detailed examination of available record, provided by the Local Government Department and hearing both the parties i.e. appellant and the representative of Local Government Department on 26.07.2021. I, Mumtaz Ali Shah, Chief Secretary, Sindh / Authority, hereby, reject the appeal of the appellant.

(MUMTAZ ALI SHAH)

CHIEF SECRETARY TO GOVT. SINDH/

APPELLATE AUTHORITY

No.SO (APLS-III) S&GAD/24(454)/2018 Karachi, the 22^nd November 2021

Copy is forwarded for information & necessary action to:

1. The Secretary to Government of Sindh, Local Government Department, (with the request to convey the Appellate Order to the Appellant).

2. The Appellant Agha Fahad Ahmed Khan.

3. The Office File.”:

6. Learned counsel for the petitioners have argued that the impugned order dated 22.11.2021 passed by the Chief Secretary, Government of Sindh, in the case of petitioners is perverse based on malafide and does not disclose any valid reasons while rejecting the appeals of the petitioners, whereas, neither the facts have been examined nor the record produced by the petitioners in respect of their appointment after compliance of all the codal formalities have been taken into consideration while passing the impugned order. According to learned counsel for the petitioners, the Chief Secretary, Government of Sindh, being an Appellate Authority was under legal obligation to make scrutiny of the record of each and every case in detail and thereafter providing complete opportunity of being heard to the petitioners and speaking order was required to be passed without being influenced by the decision in the case of Nadeem Akbar Vs. Province of Sindh and others in C.P.No.D-293/2013 passed by the Divisional Bench Sukkur of this Court, wherein, petitioners were not the party nor the issues involved in the instant petitions were the subject matter of the petitions. It has been further contended by the learned counsel for petitioners that a detailed inquiry has been carried out in respect of petitioners’ appointments, wherein, all the material facts and scrutiny of the relevant record relating to appointment of the petitioners on their respective posts has been made and thereafter it has been recommended that the proceedings initiated by the Secretary, Sindh Local Government Board against the petitioners without issuing them show cause notices were without approval of the Sindh Local Government Board and the Ministry of Local Government, whereas, no opportunity of personal hearing was provided, therefore, the relieving order, whereby, the petitioners were relieved from their services was illegal. It has been further contended by the learned counsel for petitioners that the Scrutiny Committee has recommended the reinstatement of the petitioners after scrutiny of personal record, however, Chief Secretary, Government of Sindh, has not taken into consideration the findings of the scrutiny report, which was submitted pursuant to order passed by the Honourable Supreme Court in Civil Appeal Nos.1592 to 1612 of 2017. According to learned counsel for the petitioners, it has now come on record that the order of relieving and termination of the petitioners from the services passed by both the authorities are without lawful authority and based on malafide, therefore, the same are liable to be set-aside. During the course of hearing of above petitions, and after perusal of the comments filed on behalf of the official respondents, it has been observed that the claim of the petitioners for having been appointed on their respective posts, after complying with all the codal formalities in the year 2012-2013, has not been denied nor could be controverted by the learned counsel for the respondents, on the contrary, learned Additional Advocate General Sindh and the officers of Sindh Local Government Board present in Court, frankly conceded that as per enquiry/scrutiny report submitted by the Sindh Local Government Board, it has come on record that the appointments of the petitioners were made after compliance of all the codal formalities, however, on account of some misrepresentation of facts and the comments filed on behalf of the department in the case of Nadeem Akbar Vs. Province of Sindh and others in C.P.No.D-293/2013, in which petition, the petitioners were neither party, nor any scrutiny or enquiry whatsoever was conducted. Such petition was decided by the Divisional Bench Sukkur of this Court vide order dated 22.02.2012 with directions to the Sindh Local Government Board “to comply with Rule 4(2) (ii) of SCUG Rules, 1982 in respect of making recommendations for recruitment against these posts after such examination or test and interview as may be conducted by Selection Committee”. However, it appears that while misinterpreting the aforesaid order, without scrutiny of record or confronting the petitioners with such allegations, their services have been terminated in an abrupt manner without providing any opportunity of being heard.

7. From perusal of the aforesaid identical order(s) passed by the Chief Secretary to Government of Sindh, it has been observed that on similar grounds and identical set of allegations i.e. names of the petitioners did not appear in the list of successful candidates, petitioners were relieved in the first instance pursuant to order(s) dated 10.10.2016, and, thereafter, the services of the petitioners were terminated through impugned order(s) dated 22.11.2021 by the Chief Secretary, Government of Sindh, however, without pointing out any violation of the terms of the service or recording any adverse findings on the eligibility of the petitioners to be appointed on such posts. It has further transpired that the petitioners have never been subjected to any kind of disciplinary proceedings or charged with any allegations of corruption and/or corrupt practices. The only allegation against the petitioner is that their names did not appear in the list of successful candidates, which according to respondents, was produced in C.P. No.D-293/2013, which was filed before the Sukkur Bench of this Court, wherein, petitioners were not impleaded as party.

8. It is pertinent to note that in response to notices issued to the respondents as well as Advocate General Sindh, through statement dated 24.01.2022, AAG Sindh filed para-wise comments on behalf of Secretary, Sindh Local Government Board in C.P.No.D-7401/2021, wherein, except some partial denial to contents of para-6 of petition relating to delay in issuance of appointment order, the claim of the petitioners and the documents, including copy of advertisement, copy of application of the petitioner, result of written examination showing the petitioner’s name at Serial No.31, interview call, offer letter, acceptance letter, medical certificate, appointment order of the petitioner in BS-17, joining report, allowed to work report, transfer orders, assumption of charge report, transfer order, relieving report, transfer order, Ex-Pakistan Leave, copy of service book of the petitioner and salary disbursement receipts of the petitioner, produced through statement filed on behalf of the petitioner pursuant to order passed by this Court on 09.12.2022 have neither been disputed or denied. Learned AAG and the officers of SLGB were specifically enquired, as to whether, authenticity of the documentary evidence produced by the petitioners in Court, which was also subjected to detailed scrutiny by a high powered enquiry committee, constituted for the purposes of scrutiny of the record relating to appointment of petitioners, is disputed by the respondents or the report submitted by the Chairman Enquiry Committee, Sindh Local Government alongwith their Findings and Recommendations have been challenged before any forum, in response to such query, they have candidly submitted that since the Enquiry Report is based on the record available in respect of the petitioners’ appointment on their respective posts, therefore, the same could not be disputed. They were also enquired as to whether, the impugned identical order(s) passed by the Secretary, Local Government Board and the Chief Secretary, Government of Sindh, relieving/terminating the petitioners from their services, has any legal basis, in response to such query, learned AAG and the officers from SLGB present in Court, could not support the orders passed by the Secretary, Sindh Local Government Board and the Chief Secretary, Government of Sindh, for the reason that grounds as mentioned in both the orders are prima facie contrary to the record. Moreover, it is an admitted position that the judgment dated 27.09.2017 passed by the Divisional Bench of this Court in the earlier round of proceedings in C.P. No.D-5577/2016 and others, whereby, petitions were dismissed on the ground that since the petitioners could not submit the relevant documents with regard to their lawful appointments, and their names did not appear in the list of candidates selected by the Selection Committee in terms of Rule 4(2) of Sindh Local Council Service Rule, 1982, was challenged by the petitioners before the Honourable Supreme Court through Civil Petition No.3440 of 2017 and others, which were converted into Civil Appeal, which were allowed by setting aside the judgment passed by the Divisional Bench of this Court vide order dated 06.12.2017, while holding that writ petitions of the petitioners may be treated as appeal before the departmental authority and sent them for being decided in accordance with law after hearing the appellants. It will be advantageous to reproduce the order of the Hon’ble Supreme Court of Pakistan, which reads as under: -

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

PRESENT:

MR. JUSTICE EJAZ AFZAL KHAN

MR. JUSTICE DOST MUHAMMAD KHAN

MR. JUSTICE EJAZ UL AHSAN

CIVIL PETITION NO.3440 OF 2017, CIVIL PETITION NO.3523 of 2017, CIVIL PETITION NO.3524 OF 2017, CIVIL PETITIONS NO.3657 TO 3660 OF 2017, CIVIL PETITIONS NO.3664 TO 3669 OF 2017, CIVIL PETITIONS NO.3674 OF 2017, CIVIL PETITION NO.3708 OF 2017, CIVIL PETITION NO.3715 OF 2017, CIVIL PETITIONS NO.4379 OF 2017, CIVIL PETITION NO.4380 OF 2017, CIVIL PETITION NO.4402 OF 2017, CIVIL PETITION NO.4590 OF 2017 AND CIVIL PETITION NO.4685 OF 2017

Against judgment dated 27.09.2017 passed by the High Court of Sindh, Karachi in C.Ps.No.D-5577/2016, D-5595/2016, D-6006/2016, D-5542/2016, D-5601/2016, D-5626/2016, D-5542/2016, D-5586/2016, D-5613/2016, D-5660/2016, D-5586/2016, D-5542/2016, D-5626/2016, D-423/2017, D-1102/2017, D-5680/2016 and D-5601/2016.

ORDER

EJAZ AFZAL KHAN, J-. These Civil Petitions for Leave to Appeal have arisen out of judgment dated 27.09.2017, passed by a learned Division Bench of High Court of Sindh at Karachi, whereby Constitution Petitions filed by the Petitioners were dismissed.

2. Learned ASCs for the Petitioners contended that even if it is assumed for a while that appointments of the Petitioners were not made validly, they could not be sent packing without being heard. They next contended that where the Division Bench of the High Court itself came to the conclusion that the matter raised involves factual controversy it could not have expressed view on merits. Learned ASCs lastly argued that whatever the case may be any order passed in violation of the principle of natural justice enshrined in maxim audi alteram partem would be bad in law and that it would be just, fair and equitable if the Writ Petitions filed by the Petitioners before the High Court are treated as appeals before the departmental authority for being decided in accordance with law their grievance to a great extent will be redressed.

3. Learned Additional Advocate General, Sindh contended that notices were already issued to the Petitioners but they themselves opted not to appear before the competent authority

4. Be all that as it may, last argument addressed by learned ASCs for the Petitioners has substance. We, therefore, Convert these petitions into appeals; allow them; set aside the impugned judgment; treat the Writ Petitions of the Petitioners as appeals before the departmental authority and send them for being decided in accordance with law after hearing the appellants.

Sd/- Ejaz Afzal Khan, J

Sd/- Dost Muhammad Khan, J

Sd/- Ijaz-ul-Ahsan, J

ISLAMABAD, THE

6^th of December, 2017.”

It appears that the Chief Secretary, Government of Sindh, while passing the impugned order(s) dated 22.11.2021 did not make any effort either to conduct an enquiry and scrutiny of the relevant record relating to appointment of the petitioners, nor even examined detailed enquiry report submitted by the Chairman Enquiry Committee constituted under the Court’s directions for such purposes after decision by the Hon’ble Supreme Court of Pakistan in the aforesaid terms, and has, therefore, concurred with the order(s) dated 06.12.2017 passed by the Secretary, Sindh Local Government Board, without proper application of mind.

9. During course of hearing instant petitions, such enquiry report of the High Powered Scrutiny Committee, comprising of Additional Secretary, Local Government Department (Chairman), Administrative Office, Sindh Local Govt. Board (Member), Direction-1, Sindh Local Government (Member), Ex Director II, Sindh Local Govt. Board Karachi (Member) and Director Local Fund Audit, Karachi, relating to entire procedure adopted for the purposes of appointments of the petitioners in BS-16 & BS-17 was examined by this Court, which reflected that the very basis of reliving/termination of the petitioners from their services was totally baseless and contrary to the record. It will be advantageous to reproduce the findings and recommendations of the Scrutiny Committee, which was prepared pursuant to the proceedings in Civil Appeal Nos.1592 to 1612 of 2017 out of Civil Petition No.3440/2017 and others, which reads as under:-

No.PA/AS/SE&LD/MISC//2020

GOVERNMENT OF SINDH

SCHOOL EDUCATION &

LITERACY DEPARTMENT

Karachi, dated 24th September, 2020

The Additional Chief Secretary (Services),

Services, General Administration &

Coordination Department

Government of Sindh,

Karachi.

SUBJECT: SUBMISSION OF ENQUIRY REPORT IN RESPECT OF CIVIL APPEAL NOS.1592 TO 1612 OF 2017 OUT OF CIVIL PETITION NOS.3440, 3523, 3524, 3657, 3660, 3664, 3669/20147, 3674/2017, 3708/2017, 3715/2017, 4379, 4380/2017, 4402/2017 & 4590/2017 & 4685 OF 2017

I am directed to refer to Services, General Administration & Coordination Department's letter No.SO(APLS-III)SGA&CD/24 (454)/2018 dated 08.01.2020 and subsequent letter of even number dated 08th June, 2020 on the subject captioned above and to enclose herewith requisite Enquiry Report alongwith relevant annexures containing recommendations of Enquiry Committee for taking further necessary action in the matter as desired.

Encl: As above.

Sd/- 24.09.2020.

(ZAHID HUSSAIN KHEMTIO)

Chairman, Enquiry Committee/

Former ASLG/Now Addl. Secy.

(SELD)

CC:

The Secretary, Local Govt. & Housing Town Planning Department.

FINDINGS.

(1) These officers were relieved by Secretary, Sindh Local Government Board without issuing them Show Cause Notice and without approval of the Sindh Local Government Board and the Minister, Local Government and even they were not given opportunity for personal hearing.

(2) Furthermore, during hearing in the Honourable High Court of Sindh, Karachi, the Court was informed that the appellants were failed to confirm that they were paid their salaries to ascertain their genuineness. However, during course of verification, it has been revealed and confirmed by Regional Directors that they were paid their salaries, some of them have served with DDO powers and even in one case, post was created in the schedule of establishment.

(3) According to Rule-17, 18(1)(2) of the Sindh Councils Unified Grades Service Rules, 1982 the appellants have drawn their salary from the councils for the period which they served, the same is reproduced as under (Annexure-XII):-

Rule-17 "A member of the service shall draw his pay and other emoluments from the Council under which he served during the period for which the pay and other emoluments are claimed".

Rule-18(1) Where a member of the service proceeds on leave he will draw his leave salary from the council concerned, or from the Sindh Councils Unified Grades Fund.

Provided that until the Sindh Councils Unified Grades Fund is constituted the member of the service shall draw his leave salary from the local fund of the Council and the amount so drawn shall be adjustable against the contribution of the council payable by the council to the Sindh Councils Unified Grades Fund when constituted".

(2) Notwithstanding the provisions of sub-rule-(1) where a member of the service is a civil servant and his services have been borrowed, the leave salary contribution for the period of his duties in a council as calculated by the Accountant General, Sindh shall be paid to Government and the leave salary to such civil servant shall be paid by Government.

(4) According to Rule-4 of the Sindh Councils Unified Grades Service (Pension Fund) Rules, 1985 the appellants have make payments towards the pension contribution from their salaries in the councils for the period which they served (copies of pay slips can be seen at their personal files), the same is reproduced as under (Annexure-XIII):-

Rule-4(1) A council or any other body, where a member of the service is posted, shall, for the period of posting contribute to the fund by way of its share to the pension contribution in respect of such member at such rate as may from time to time, be determined by Government.

(2) The contribution payable by a council under sub-rule-(1) shall be the expenditure charged on the local fund within the meaning of sub-section (1) of section 71 of the ordinance.

(3) The contributions payable under sub-rule (1) in respect of any month shall be credited by the council or other body to the accounts of the fund in the first week of the month next following.

(5) According to Rule-21 of the Sindh Civil Servants Act, 1973 the appellants have make payments towards the Provident Fund from their salaries in the councils for the period which they served (copies of pay slips can be seen in personal files), the same is reproduced as under (Annexure- XIV):-

Rule-21(1) Before the Expiry of the third month of every financial year, the Accounts Officer or other officer required to maintain the provident fund accounts shall furnish to every civil servant subscribing to a provident fund the account of which he is required to maintain a statement under his hand showing the subscriptions to, including the interest accruing thereon, if any and withdrawals or advances from his provident fund during the preceding financial year.

(2) Where any subscription made by a civil servant to his provident fund has not been shown or credited in the account by the Accounts or other Officer required to maintain such account, such subscription shall be credited to the account of the civil servant on the basis of such evidence as may be prescribed.

(6) According to Section-129 of the Sindh Local Government Act, 2013 which is reproduced as under, the Sindh Local Government Board shall perform its functions as laid down in the Act (Annexure-XV):-

Section-129 (1) The Board shall perform such functions and maintain funds in respect of employees as may be prescribed.

(2) The Board shall, with the approval of Government employee such number of employees as may be necessary, on such terms and conditions and they shall be liable to such disciplinary action and penalties as may be prescribed.

(3) Government may, from time to time, specify that a post in the Board shall be filled by person belonging to the Sindh Council Unified Grades or any other service.

(7) It is finally summarized that the services of appellants were rendered fake on account of so-called list of successful candidates (B-17/B-16) were issued vide letter No.SLGB/SCUG/AO/Gen/2938297 of 2013/2016/ 1707 dated 10.10.2016 (Annexure-XVI) and No. SLGB/SCUG/AO/Gen /2938297 of 2013/2016/1708 dated 10.10.2016 (Annexure-XVII) of Sindh Council Unified Grades Service (Admin Branch) were submitted in the year 2013 by the Sindh Local Government Board to the Honourable High Court of Sindh Bench at Sukkur in CPD-293/2013 filed by Mr.Nadim Akber S/o Ali Akber V/s Province of Sindh and others but, the seniority lists were not issued till 2017 which is mandatory to be issued in the month of January every year as required under Section-12(1) & (2) of the Sindh Councils Unified Grades Service Rules, 1982 as discussed in the preceding paras. By no means from any stretch of imagination it was a list of successful candidate. Similarly, services of the appellants were remained continued.

(8) As far as conclusion at para-13 of the Judgment passed by the Honourable High Court of Sindh Karachi is concerned, it is complete responsibility of the Sindh Local Government Board to call the record of the appellants petitioners from the local councils through the Directors Local Government / Deputy Directors Local Government throughout Sindh and to present before the Honourable High Court Sindh Karachi. The record received from the Sindh Local Government Board and from the Regional Directors are the attenuating circumstances for the appellants that their working in the Local Government Department had seen light of the day and onus of administrative lapse (advertent or inadvertent) must not be saddled upon the appellants, through executive orders or otherwise.

(9) The Honorable supreme court of Pakistan vide its order dated: 06- 12-2017 had also taken into consideration for factual and legal aspects and set aside orders of Honorable High Court of Sindh in this matter.

RECOMMENDATIONS

(1) After going through the relevant record and scrutiny of field report and taking into consideration legal aspects of the case, The committee has formulated its recommendations as under;- Following Appellants/Petitioners are recommended for the reinstatement in service on the basis of the availability of personal record in the Sindh Local Government Board and factual field reports submitted by the Respective Regional Directors Local Government.

1.	Agha Fahad Ahmed s/o Agha Rafique Ahmed KhanB – 17
2.	Ali Raza Khero s/o Sher Muhammad Khero, B-17.
3.	Shah Muhammad Noonari s/o Shafi Muhammad Noonari, B-17.
4.	Abdul Hameed Suhag s/o Ghulam Mustafa Suhag, B-17
5.	Muhammad Irshad Gill s/o Muhammaddin, B – 16
6.	Muhammad Ishaque s/o Gul Hassan Lund, B-17.
7.	Amaar Hussain s/o Shoukat Hussain Jokhio, B – 17
8.	Manthar Ali s/o Moula Bux Zardari, B-17.
9.	Abdul Hameed Shaikh s/o Allah Dino Shaikh, B – 16
10.	Yaseen Ahmed Abbasi s/o Muhammad Yaqoob, B – 17
11.	Abdul Waheed Panhyar s/o Ghulam Rasool, B-16
12.	Amanullah s/o Hafeezullah Khoso, B-17
13.	Abdul Sattar Solangi s/o Abdul Rasheed, B – 17
14.	Raza Ali s/o Muhammad Soomar Thaheem, B – 16
15.	Imran Khan s/o Muhammad Hassan Sial, B – 16
16.	Mohsin Khan s/o Abdul Nabi Khan, B – 16
17.	Majid Hussain Mahesar s/o Khadim Hussain, B – 16
18.	Noorullah s/o Qalander Bux Abro, B – 17
19.	Ali Akbar Daheri s/o Haji Din Muhammad, B-16.
20.	Muhammad Khan Sabhayo s/o Muhammad Usman Sabhayo, B-16.
21.	Vickey Kumar s/o Ramesh Lal, B-16.
22.	Ayaz Ahmed s/o Moula Bux Abro, B – 17
23.	Abdullah s/o Muhammad Hussain Palijo, B-16.

(2) Names of following petitioners/appellants whose personal files are available except joining reports in Sindh Local Government Board (SLGB) as well as the factual field reports were also received from the Respective Regional Directors Local Government, may be re-instated, However, there case needs further verification/scrutiny in order to ascertain complete picture due to non-availably of joining reports create doubts.

1.	Abdul Qayoom Massan s/o Muhammad Ramzan Massan, B-16.
2.	Hyder Ali Jiskani s/o Qamber Ali Jiskani, B-16,
3.	Bilawal Ali s/o Hamdullah Jamro, B-16.
4.	Imran s/o Nizamuddin Bhayo, B-16.
5.	Waseem Abbas Baloch s/o Ghulam Sarwar Baloch, B - 16 .
6.	Sajid Ali Mangi s/o Imdad Ali , B-17
7.	Vikash s/o Bhagwandas, B-17.
8.	Zulfiqar Ali s/o Muhammad Hassan Sial, B – 17
9.	Aijaz Ali Shah s/o Ghulam Muhammad Shah, B – 17
10.	Abdul Hameed s/o Muhammad Murad Mengal, B-17.
11.	Adnan Razi s/o Manzoor Ahmed, B-17.
12.	Asif Ali Mangi s/o Late Abdul Sattar Mangi, B-16.
13.	Shakeel Ahmed Memon s/o Nazir Ahmed, B-16.
14.	Sajjad Ali s/o Liaqat Ali Mugheri, B-17.
15.	Imran s/o Muhammad Aslam Samo, B-16.
16.	Mahboob Ali s/o Moula Bux Zardari, B-17.
17.	Irfan Ali S/O Rasool Bux Khoso B-17.

(03) Following petitioners/appellants whose personal files are not received from Secretary Sindh Local Government Board (SLGB) but their record / factual field report has been received from respective Regional Directors Local Government, therefore their case may also be re-examined for further verification.

1.	Mumtaz Ali Phulpoto, B-17
2.	Shahzad Mangrio, B-16.
3.	Asghar Ali Mirani, B-17.
4.	Moeenuddin Abro, B-17.
5.	Manzoor Ahmed Memon, B-17.

(4) The Names of following petitioners/appellants whose neither personal files are received from Secretary Sindh Local Government Board (SLGB) nor record is available submitted by the Regional Director Local Government, therefore they are not recommended for re-instatement.

1.		Anus, B-16.
2.		Sarmad Ali, B-16.
3.		Abdul Rasheed Malik B-17
	Sd/- 1.Administrative Officer Sindh Local Government Board (Member)			Sd/- 2. Director Sindh Local Government (Member)
	Sd/- 3. Mr. Nadir Khan Ex Director II SLGB Karachi (Member)			Sd/- 4.Director Local Fund Audit Karachi (Member)
			Sd/- 5. Additional Secretary Local Govt. Department (Chairman)

10. In order to further verify the factual position with regard to claim of the petitioners to the effect that they have been appointed on their respective posts in BS-16 and BS-17 during 2012-2013 after complying with all the codal formalities, learned counsel for the petitioners were directed to file chronological statement with regard to appointments of the petitioners along with relevant documents. Pursuant to such order, learned counsel for the petitioners have filed their respective chronological statements along with relevant documents, whereas, learned counsel for the respondents did not file any objection, nor disputed the authenticity of such documents. Moreover, the learned counsel for the respondents has candidly conceded that in view of the Enquiry Report and the finding recorded therein, the very basis of terminating the services of petitioners is ill founded as after scrutiny of record of the petitioners, prima facie, no illegality is found in the process of their appointment on respective posts.

11. Keeping in view above factual and legal position, vide our short order dated 14.12.2022, instant petitions were allowed in the following terms:-

“14.12.2022

M/s.Ziaul Haq Makhdoom a/w Hira Agha, Fatima Ashfaq, Amna Khan, Azhar Mahmood, Noman Khanzada, advocates for petitioner in CPD 7401/21.

Agha Haris Khan, advocate for petitioner in CPD 7407 to 7410/21.

Mr.Muhammad Haseeb Jamali, Barrister Hidayat Magrio, Muzammil Hussain Jalbani, advocates for petitioner in CPD 75/22.

M/s.Shahab Sarki & Zulfiqar Ali Langah, advocates for petitioner.

Mr.Ziauddin Junejo, AAG a/w Saim Imran Khan Administration Officer SLGB.

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

Pursuant to Court’s order dated 09.12.2022, all learned counsel for the petitioners have filed their respective chronological statements along with relevant documents in the aforesaid petitions, which are taken on record, copies supplied to learned AAG, who do not dispute the process adopted for the purposes of appointments/recruitment of the petitioners in Sindh Local Government, nor disputed the Inquiry |Report dated 24.09.2020 and the recommendation made thereunder. Heard the counsel for the petitioners and the learned AAG duly assisted by the concerned office of SLGB present in Court.

For the reasons to be recorded later on, the aforesaid petitions are allowed in terms of recommendations as contained in Inquiry Report No.PA/AS/SE&LD/MISC/2020 dated 24.09.2020 (available at page-689 in C.P.No.D-75/2022), consequently, all identical impugned order(s) No.SO(APLS-III)S&GAD/24(454)/2018 dated 22.11.2021 issued by Chief Secretary to Government of Sindh/Appellate Authority (available at Page-43 in C.P.No.D-75/2022) as well as the identical Relieving Order(s) No.SLGB/SCUG/AO/Gen/293&297of2013/2016/ 1707 and No.SLGB/ SCUG/AO/Gen/293&297of2013/2016/ 1708 both dated 10.10.2016 (available at Page-567 in C.P.No.D-75/2022) and subsequent identical Termination Order No.SLGB/SCUG/AO Gen/293 & 297/2013/2017/1888 dated 04.10.2017 (page-659 in C.P.No.D-75/2022) in respect of petitioners in above petitions are hereby set aside.”

12. Above are the reasons for such short order.

13. Before parting with the judgment, we may observe that the salaries and other service benefits, if not paid to the petitioners during this period, shall be paid immediately, however, not later than two (02) months from the date of receipt of detailed reasons.

J U D G E

*Farhan/Nadeem*