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