ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constitutional Petition No.D-512 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objections as flag A.

                        2.For  orders on maintainability of main case.

22.11.2023.

                        Mr. Syed Fida Hussain Shah, advocate a/w the petitioner.

Mr. Shafi Muhammad Chandio, Addl. A.G a/w Mahmood Hussain Simair, SP Legal DIGP Office, Larkana Range on behalf of IGP Sindh Karachi.

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                        Learned Addl. A.G  submits  comments on behalf of respondent No.4, taken on record, a copy whereof  has  been provided to the counsel for the petitioner. Learned counsel  for the petitioner has drawn attention of the Court towards comments already filed by the respondents No.1 and 3  through learned Addl. A.G vide statement dated 26.9.2023 and referred to the rebuttal of para No.8 of the petition whereby case of petitioner was reportedly forwarded for his appointment as Junior Clerk on Deceased Quota and submits that in view of the comments submitted by DIGP/respondent No.3,  appropriate order may be passed.

                        Before parting with the order, it will be appropriate to reproduce  the contents of para No.8 submitted by the DIGP, Technical & Transport Sindh, Karachi, as under:

8.

That the petitioner being an eligible person (passed Intermediate) amongst the legal heirs of Late HC/2744 Abdul Ghaffar Lashari to be appointed  in Police Telecommunication Sindh against Deceased Quota applied for the post of Wireless Operator as well as Junior Clerk on deceased quota and submitted all the required documents.

That the content of Para No.8 are replied that AIGP/Telecommunication Sindh (Respondent No.01) forwarded the case of appellant for appoint- ment against Deceased Quota vide letter No.457-58/ Tele/ Estt:/ 2021 , dated 21.01.2021 and the same was accordingly referred to the Inspector General of Police Sindh Karachi i.e Respondent No.4 (Being the competent Authority to peruse and decide the matter) vide letter No.704-05/T&T/Estt:/2021, dated 10.02.2021. (Copy of reference is attached at Annexure-A).

                        When confronted, learned Addl. A.G  Sindh submits that petition may be disposed of by directing the competent authority to  consider the case of the petitioner  and  submit such report in the light of comments  already submitted by DIGP/respondent No.3 on 26.9.2023. Accordingly instant petition  is hereby allowed. IGP Sindh Karachi is directed to consider the  case of the petitioner in the light of comments submitted by the respondent No.3/DIGP Technical and Transport Sindh, Karachi and issue appointment order as prayed, under intimation to this Court through Additional Registrar of this Court within three months. Office is directed to communicate the copy of order  alongwith memo of petition to the IGP Sindh Karachi for compliance. A copy of order shall also be sent by fax today to respondents No.1, 3 and 4 for compliance.  A copy of order may also be provided to Addl. A.G and Addl. P.G for correspondence and compliance. Additional Registrar of this Court is directed to ensure compliance.

JUDGE

                                                                                                JUDGE