IN THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-2455
of 2012
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For
Katcha Peshi.
2.
For
hearing of CMA. No.14541/2012.
-.-.-.-.-.-.-.-.-.
12.09.2012
Mr. Khalid Javed Advocate for
the petitioner.
Mr. Shafi Mohammad A.A.G and
Mr. Adnan Karim A.A.G a/w Mohammad Jamil Khan OSD (litigation) E&L
Department Karachi.
-.-.-.-.-.
The
petitioner, through the instant petition, has sought the following reliefs:-
(a)
Setting
aside the impugned Order No.SOIII(S&GAD)3-36/2012 dated 28.06.2012
(Annexure P/1) issued by respondent No.1 by holding that the same is patently
illegal, uncalled for, not sustainable in law, malafide, passed in excess of
jurisdiction and having no legal effect;
(b)
Restraining
the respondents their officers, subordinates and the persons acting for and/or
on their behalf from implementing the said impugned order in any manner;
(c)
Restraining
the respondents, their officers, subordinates and the persons acting for and/or
on their behalf from changing the terms and conditions of the petitioner and
from interfering in any manner in the performance of petitioner’s official duty
as Regional Director, Colleges (BS-20) Karachi;
(d)
Restraining
the respondents their officers, subordinates and the persons for and/or on their
behalf from taking any adverse action in respect of terms and conditions of
service of the petitioner;
(e)
Costs
of the proceedings;
(f)
Any
other relief(s) which this Hon’ble Court may deem fit and proper under the
circumstances of this case may also be granted.
However, vide
Notification dated 19.04.2012 (Annexure P/4 to the petition), the petitioner
stood retired and since the allegations are neither of any misappropriation nor
embezzlement and/or any other criminal activity and as rightly conceded by Mr.
Adnan Karim learned AAG, no further proceedings can be taken in pursuance of
the impugned order i.e. order dated 28th June 2012 being Annexure
P/1 to the petition. The law will take its own course and the question of
petitioner’s retirement benefits shall be decided accordingly. Such shall be
done within a reasonable time without any unnecessary delay.
We would, therefore,
by consent dispose of this petition in the foregoing terms with observation
that the competent authority, if find appropriate and lawful, proceed against
the petitioner in accordance with law. It is, at the request of Mr. Khalid
Javed Advocate for the petitioner, further observed that impugned suspension
shall not come in the way of process of the petitioner’s retirement benefits.
JUDGE
JUDGE
wasim ps.