IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Constitutional Petition No.D-2393   of  2010

Present:

Mr. Justice Shahid Anwar Bajwa,

Mr. Justice Ahmed Ali Shaikh,

Petitioner       :      Abdul Shakoor Golo & others, through

Mr. Muhammad Saleem G.N. Jessar, Advocate.

Respondents  :     Government of Sindh & others.

                             Mr. Azizul Haque Solangi, Assistant Advocate General,

                             assisted by Mr. Ameer Ahmed Narejo, State Counsel.

Date of hearing: 20.04.2012.            Date of Judgment : 20.04.2012.

J U D G M E N T.

SHAHID ANWAR BAJWA, J.- The petitioners applied for the post of Police Constable.  Learned Counsel submits that petitioner No.1 was declared fit by a Medical Board vide report dated 25.3.2009.  So were also petitioner No.2 and 3, but they were not issued appointment orders.

          2/-    In the comments submitted by the department, it is stated in respect of petitioner No.1 that he was called for medical examination in November, 2008 and was found to be suffering from Hepatitis “B” and since it was a policy not to appoint those persons who were suffering from Hepatitis “B” & “C”, he was not appointed.  In respect of petitioner No.2 it is stated that he was allegedly involved in two offences under Section 379, PPC and petitioner No.3 was allegedly involved in an offence under Section 294 (a) & (b), PPC read with Section  5 of the Gambling Act of Police Station Ghouspur and this was the reason for which it was decided not to appoint him.  When confronted with this position, learned Counsel for the petitioners relied upon Ghulam Hyder Sabzoi & others v. District Police Officer, Kashmore at Kandhkot & others, C. P. No.D706/2009 decided on 13.10.2010.

          3/-    We have considered the submissions made by the learned Counsel and have also gone through the record.

          4/-    As far as petitioner No.1 is concerned, in the comments it is stated that in the medical examination conducted in November, 2008 he was found to be suffering from Hepatitis “B”.  In the petition, it is stated that the petitioner No.1 was medically examined on 25.3.2009 by a Medical Board comprising of six doctors of Chandka Medical College Hospital, Larkana and was cleared.  In view of such position, learned Asst. A. G., stated that it would be fair and appropriate if the petitioner is ordered to be medically examined and if he is found to be fit for appointment, the appointment order be issued.  Learned Counsel for the petitioners readily agrees.  Consequently, as far as petitioner No.1 is concerned, this Constitutional Petition is disposed of by directing the respondent No.3 to send the petitioner No.1 for medical examination and if he is found fit in the medical examination, to appoint him.

          5/-    As far as petitioners No.2 and 3 are concerned, they are allegedly involved in offences under Section 379, PPC and in one case for offence under Section   5 of the Gambling Act.  It was contended by the learned Counsel for the petitioners that they have been acquitted.  That might be so, but it is for the competent authority to decide whether in view of alleged involvement, even though it has resulted in acquittal, a person should be taken in employment in a department like Police or not.  This Court would not like to interfere with such discretion of the departmental authority.  Reliance by the learned Counsel on Ghulam Hyder’s case (supra) is not relevant because the offence in that case was under Section 337-A(ii), PPC, whereas the offence involved in the present case is an offence of serious moral turpitude.  Consequently, this petition in respect of petitioners No.2 and 3 is dismissed.

                                                                                                JUDGE

                                                                   JUDGE

T.H. Qazi/*