ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 2174 of 2017
|
Date of hearing |
Order with signature
of Judge |
1. For orders on CMA
No.10437/2018
2. For orders on CMA
No.9610/2018
3. For orders on CMA
No.6598/2018
4. For orders on CMA No.6265/2018
5.
For orders on CMA No.3324/2018
6.
For orders on CMA No.6266/2018
7.
For hearing of CMA No.15858/2017
8.
For hearing of main case
10.01.2019
Petitioner
Amanullah Ansari is present in person.
Mr.
Zulfiqar Ali Sangi advocate for respondent/BISE Sukkur.
Mr.
Noor Hassan Malik Assistant Advocate General Sindh.
.................
This
petition impugns a notification dated 06.10.2017 issued by respondent No.3 and
to reverse all adverse orders passed against the petitioner with effect from
26.09.2017. Notices were issued and comments have been filed. It has been
pointed out by the learned counsel appearing for the Board of Intermediate and
Secondary Education, Sukkur that one of the reliefs, as prayed in this petition
over lapse the claim of the petitioner in Criminal Original Petition
No.205/2017, Criminal Original Petition No.89/2011 and Criminal Original
Petition No.51/2018 filed before Hon'ble Supreme Court, to the extent of
immediate removal of respondent No.1. The petitioner has conceded to such an extent, however, he submits that prayer clause “A” and “B”
are independent and at the most prayer clause “D” can be scored off or ignored
while considering the arguments of the respondent’s counsel. It is a case of
the petitioner that he was condemned unheard as no enquiry by an impartial
authority was conducted. Such facts are seriously denied by respondent No.4
through counsel as independent authority was constituted before whom petitioner
appeared and no such allegations of the nature as raised today were raised
earlier. When enquired from the counsel of the respondent No.4 as to whether
such enquiry report is available on record, he started searching the file but
could not trace the same or pointed out. It is a serious allegation of the
petitioner that he was condemned unheard and that too in the absence of any
report of the impartial committee who allegedly called the petitioner in
response to a questionnaire and major penalty was imposed. This is enough to raise
the eyebrows as to what is happening since there are serious allegations that
this is a politically motivated action and no record is available.
Be
that as it may, without commenting about the merit of the allegations and the
alleged enquiry, which is seriously denied by the petitioner, we deem it
appropriate and as agreed by all the learned counsel as well as petitioner that
the appeal pending before the competent authority since June 2018 as pointed
out be heard and decided within a period of ninety (90) days, in case
such appeal is still pending. The concerned parties including petitioner be
heard and all contentions of the petitioner including but not limited to he
being condemned unheard without enquiry, as alleged, to impose major penalty, shall
be considered and a speaking order be passed. Insofar as the residential occupancy
of the petitioner is concerned, all agreed that as long as the appellate forum
is ceased of the matter / appeal, his possession may not be disturbed. Let a
copy of this order be provided to learned AAG for
compliance.
Petition and the listed
applications stand disposed of in the above terms.
__________________
J U D G E
__________________
J U D G E
N.M.