ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-1628 of 2011

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Order with signature of Judge

 

For Katcha Peshi

 

08.05.2014

 

Petitioner is present alongwith his counsel Mr.Fazlur Rehman, advocate

Mr.Sibtain Mehmood, AAG

………

            The Sindh Service Tribunal disposed of the appeal No.103 of 2009 on 10.06.2010, with the following observations:-

“Dilating, however, on the merits of the appellant’s case, we are further of the view that appellant’s case needs examination at the level of the DPO of the District with sympathy and on humanitarian grounds, to bring him back to his previous position of officiating head constable. To this the learned Addl. A. G., has conceded”.

The petitioner has approached this court for seeking direction against respondent No.5 (now SSP) to consider his case in terms of directions given by Sindh Service Tribunal. Learned AAG pointed out comments filed by respondent No.5 to show that case of petitioner was considered sympathetically on humanitarian ground but he did not deserve for promotion as Head Constable. We are of the view that this appeal was disposed of in the month of June, 2010, but alongwith comments, no document is available to show that case of petitioner was considered by respondent No.5. Alongwith comments, respondent No.5 has attached copy of a letter dated 22.05.2009 which pertains to departmental appeal of petitioner. Another document is also relevant to application of petitioner which he filed in the year 2007.

            This petition is disposed of with the directions to respondents to consider case of petitioner in the light of judgment of Sindh Service Tribunal and pass a speaking order after examining petitioner’s case. This exercise should be completed within a period of two months and written intimation be sent to the petitioner.

                                                                                      J U D G E

                                                                                    J U D G E