ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-1628 of 2011
___________________________________________________________
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