ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 3045 of 2015
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
1- For
orders on CMA.No.8560/2015 (U/A)
2- For
orders on CMA.No.8561/2015 (Ex.A)
3- For
Katcha Peshi.
4- For
orders on CMA.No.8562/2015 (Stay)
26th. August, 2015.
Mr. Sohail Ahmed Khoso, Advocate along with
petitioner.
1 Urgency
application is allowed.
2 Granted,
subject to all just exception.
3
& 4. Though instant
petition, the petitioner has impugned the office order dated 14.7.2015 issued
by HR & Admn: Director SEPCO, Sukkur
in respect of petitioner Nizamuddin Pirzada, Junior Engineer (BPS-17)
presently posted as SDO Operation Sub-Division SEPCO, Kandiaro under Operation
Sub-Division SEPCO, Naushahro Feroze, whereby the petitioner has been relieved
off from his duties with immediate effect with directions to report with Chief
Engineer (Admn) Power PEPCO WAPDA House Lahore on the ground that as per policy
of SEPCO an Officer of Grade-17 posted in a province cannot be transferred
outside the province.
Learned Counsel for
petitioner while confronted to produce such policy or to refer to relevant law,
rules and regulations in this regard has submitted that presently he cannot
produce the same and will produce the same if time may be granted for such
purpose. It has been further submitted that petitioner has already filed an
appeal/representation for his retention in SEPCO entity and for cancellation of
impugned relieving orders before the C.E.O SEPCO (WAPDA), Sukkur which is
pending disposal since 16.7.2015 and submits that the petitioner will not press
instant petition at the moment; provided that C.E.O, SEPCO (WAPDA) Sukkur may
be directed to decide the appeal/representation of the petitioner in accordance
with law within a period of 15 days.
Mr.Mian Mumtaz Rabbani,
learned D.A.G who is present in Court in some other cases, waives notice,
however in view of disposal of the instant petition in above terms does not
oppose the request of learned Counsel for the petitioner.
Accordingly,
instant petition is dismissed as not pressed along with listed applications.
However, the C.E.O SEPCO (WAPDA), Sukkur is directed to pass appropriate orders
on the appeal/representation filed by the petitioner available at Page 37
Annexure ‘G’ within a period of 15 days after providing an opportunity of being
heard to the petitioner, from the date of receipt of copy of this judgment
which shall be produced within one week by the petitioner. In the meanwhile no
adverse inference may be drawn in respect of the impugned order dated 14.7.2015
till disposal of the appeal/representation of the petitioner as referred to
hereinabove.
JUDGE
JUDGE
A.R.BROHI