C.P. NO.D-2431/2013
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Date Order with signature of
Judge
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1. For Katcha peshi
2. For hearing of Misc. No.12570/2013.
04.10.2013
Petitioner
present in person.
Mr.
Khalid Javed Khan, A.G. Sindh alongwith Mr. Sarwar Khan, AAG.
Mr. Aashiq Raza, DAG.
……………
Petitioner has challenged
the office of the respondent No.4 by filing this petition in the nature of quo-warranto. In the prayer clause the
respondent No.4 is called upon to show the lawful authority under which he is
holding his position as Provincial Ombudsman Sindh.
In response, A.G. Sindh
states that under the provisions of section 4(1) of Establishment of the Office
of Ombudsman for the Province of Sindh Act 1991 as amended by an Ordinance
first and then by Act IX of 2012, Governor on the advice of the Chief Minister
can extend the term of the Provincial Ombudsman and re-appoint him for any further
period. As the appointment of the respondent No.4 is backed by the provisions
of the Act of the Provincial Assembly, no relief can be granted to the
petitioner in this petition, as the petitioner has not challenged the viries of the amending Act.
The petition is therefore dismissed in limine.
J
U D G E
J
U D G E
Imran/PA