ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Constt: Pett: No.  661 of 2010.

Date of hearing                               Order with signature of  hon’ble Judge

            1.         For katcha pehsi.

            2.         For hearing of M.A No.1629/2010.

18.8.2010.

                        Mr. Habibullah G. Ghori, advocate for the petitioner.

                        Mr. Azizul Haq Solangi, Asstt: A.G 

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                        The petitioners No.1 and 2  were suspended by Chief Secretary Government of Sindh vide order dated 29.9.2009  annexed with the petition at annexure ‘B’ page 39 while petitioner No.3  was suspended by Rizwan Memon, Secretary Education, Government of Sindh on 11.8.2009 according to annexure  ‘C’  of the petition of the petition at page 33,  without disclosing  any reason  in suspension order.  These  orders have been  challenged  by the petitioner  before this Court by way of filing  this petition on 21.4.2010.  On 22.4.2010 notices were ordered  against  respondents No.2 to 3 for filing of their comments and the case was  adjourned to 3.6.2010  again on 17.6.2010 and today no comments  have been filed by the official respondents.  Mr.Habibullah G. Ghori, learned counsel for the petitioner contended that though  the suspension orders  of the petitioner  are silent but actually  the allegations against the petitioners  and others are about theft of text books therefore, FIR No.38/2009 was registered  at P.S  Gudu for an  offence U/S 409, 411, 379 PPC against Umar Hayat , Muhammad Akram,  Imran, Ghulam Yasin and Abdul Aziz and after completing  investigation they were tired by the learned Court of 2^nd Senior Civil Judge and Judicial Magistrate, Kandhkot and vide  judgment dated 25.3.2010 they have been acquitted.

                        He further contended that though the present petitioners  were not named in the FIR inspite of this  neither they have been served with any show cause notice nor any charge sheet  and they were ordered to report at Education Literacy Department, Karachi without any reason. 

            Though  repeated chances  were given to the official respondents  for filing comments but they have failed to file the same therefore, it can be presumed   that  they have nothing to say in rebuttal of the prayer of the petitioners.  

                         The respondents No.1 and 2 are directed to decide  the case of the petitioners within four weeks  from the date of receipt of this order and the compliance  of the order may be communicated  to this Court through Additional Registrar. 

                        With the above observation, this petition is disposed of.

JUDGE

                                                                                    JUDGE