ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D- 42 of 2007

DATE                             ORDER WITH SIGNATURE OF JUDGE

                        1. For orders on MA 683/08.

                        2. For orders on MA 139/07.

                        3. For Katcha Peshi.

08.12.2009

Syed Muhammad Saulat Rizvi, Advocate for the Petitioner.

Mr. Muhammad Aslam Bhatti, Advocate for the Respondents.

                                                =

                        The allegation against the Petitioner is that he has failed to implement the order of Wafaqi Mohtasib within 45 days. The time in which the decision of Wafaqi Mohtasib was to be implemented, expired on 10.5.2004 whereas the Petitioner was posted on 31.5.2004 after the expiry of time stipulated in the order of Wafaqi Mohtasib. It is further stated that Wafaqi Mohtasib infact has granted 30 days time in it’s order whereas in the show cause notice issued to the Petitioner, the time mentioned was 45 days. In the comments filed by Respondents, it is admitted that Petitioner took charge of the office after expiry of the time for implementation of the order of Wafaqi Mohtasib.

                        In view of this position, the impugned action on the part of Respondents was uncalled for. We, therefore, allow this petition and set aside the order impugned in these proceedings. 

                                                                             JUDGE

                                      JUDGE

T.