Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

C.P.NO.D-761 OF 2009.

Date              Order with signature of Judge

25.11.2009.

Mr. Liaquat Ali M. Phulpoto, Advocate for petitioner alongwith the petitioner.

Mr. Allah Bachayo Soomro, Additional A.G alongwith Sarfaraz Afandi, T.M.O. Matli, Mansoor, Taluka Nazim, Orangzeb Samo D.O. (M&D) Badin and M. Akhlaque, Audit Officer.

. . . .

      We have heard the learned counsel for the petitioner as well as the T.M.O. Matli. We are informed by the T.M.O. Matli that the petitioner was in service on contract basis and his contract has expired on 15.1.2009. He further states that Hidayat Ali Ghumro Section Officer-III Sindh Local Government Department had issued an order purporting it to be the order of Secretary Local Government, wherein 83 employees of different districts were shown to have been appointed. This order was given effect and subsequently the present T.M.O, who joined the Taluka Municipality Matli on 04.06.2009 has addressed a letter to the Secretary Local Government seeking confirmation of the order of appointments of 83 employees, which was passed by Hidayat Ali Ghumro, S.O-III on 28.1.2009. In response to this letter, he received the reply of the Secretary Local Government, in which it was stated that the Government has never approved the appointments of 83 employees as appeared from the order of the said Section Officer Hidayat Ali Ghumro. The T.M.O. was further directed to stop payments/salaries of these persons who have been shown to have been appointed by the aforesaid Section Officer. The T.M.O. states that vide letter dated 11.6.2009 he was informed that Local Government has initiated inquiry in the matter and on 12.6.2009 the petitioner was informed by him that his appointment was bogus. He further states that on 16.6.2009 the Additional Secretary, Housing & Town Planning was appointed as Inquiry Officer to conduct the inquiry against Hidayat Ali Ghumro, Section Officer-III, who is presently posted under suspension.

     We are shocked to see the state of affairs of the Government. We therefore direct the Secretary Local Government to also initiate criminal proceedings against the said Section Officer for causing losses to the Government on account of issuance of the bogus appointment order dated 28.1.2009, as by virtue of this order/letter many persons were being paid salaries, which order was never approved by the Government. The Secretary Local Government shall confirm initiation of criminal proceedings. The departmental proceedings would however, shall continue and it will have no bearing as far as the proposed criminal proceedings are concerned. The Inquiry Officer is directed to conclude the departmental inquiry within one month and report compliance.

     This petition is dismissed in limine in the above terms with listed applications as the petitioner was never appointed by the Government.

                                              J U D G E

                                   J U D G E

s.