C.P.No.D-1566 of 2016

1. For orders on office objection

2. For orders on CMA-4345/2016

3. For orders on CMA-4346/2016

4. For Katcha Peshi

5. For hearing of CMA-4347/2016

15.04.2016

Mr. Qurban Ali Malano assisted by Mr. Gulzar Ahmed Malano Advocates along with petitioner.

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1.           Deferred.

2. Granted.

3. Granted subject to all just exceptions.

4&5. It is, inter alia, contended by learned counsel for the petitioner that petitioner, who was posted as Accountant in the office of TMA, Sobhodero for a short period from December, 2012 to March, 2013, is being harassed by the NAB authorities, who issued call-up notice dated 06.04.2016 under Section 19 of NAB Ordinance, 1999 in respect of inquiry against officers/officials of TMA Taluka Sobhodero District Khairpur Mir’s, which was served upon the petitioner on 11.04.2016, there is serious apprehension that the NAB authorities under the garb of such call-up notice will arrest the petitioner, who has no concern whatsoever with the alleged misappropriation of funds of TMA, Sobhodero. Per learned counsel the petitioner has been promoted in BPS-16 and working in the head office, if he is arrested by the NAB authorities, it will cause serioushumiliation and injury to the reputation of the petitioner. Per learned counsel the petitioner is willing to cooperate in the inquiry/ investigation or Reference in respect of allegations against the petitioner, however, NAB authorities may be restrained from making any arrest of the petitioner unless there is some concrete material or evidence against the petitioner connecting him with the alleged offence. Learned counsel submits that under similar circumstances such relief has been extended to a number of employees of various departments and has referred to such orders, which are available at pages 17 to 31 of instant petition.

Let notice be issued to the respondents as well asAAG, DAG and SPP, NAB for 03.05.2016.In the meanwhile, the petitioner shall cooperate with the NAB authorities in respect of any inquiry pending against him, however, the respondents may not arrest the petitioner till next date of hearing, unless there is some concrete material connecting him with the alleged offence, subject to his furnishing solvent surety in the sum of Rs.1,00,000/- (one lac) with PR bond in the like amount to the satisfaction of Additional Registrar of this Court.

JUDGE

JUDGE

N.M.