ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Criminal Misc. Application No.S- 09 of 2018

Date	Order with signature of Judge

1. For orders on office objection "A".

2. For hearing of case.

3. For hearing of M.A.No.5695/2017.

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29.10.2018

Mr. Habibullah Ghouri, Advocate for the Applicant.

Mr. Raja Imtiaz Ali Solangi, A.P.G.

None for private respondent

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                        The facts in brief necessary for disposal of instant Crl.Misc.Applicatoin are that by way of an application, it was complained by the private respondent before learned Sessions Judge,  Qamber-Shahdadkot @ Qamber, that the District Health Officer, Qamber-Shahdadkot @ Qamber is not allowing him to join his original post as store keeper. On that application, it was inter-alia observed by learned Sessions Judge, Qamber that “the officials who are appointed or posted in violation of direction of Honourable Supreme Court of Pakistan in different departments of Government of Sindh as deputationist are to be relieved of their post”. By observing so, it was further observed by him that “the applicant to agitate his grievance to the Director General, Health Services Hyderabad”.  By observing so, he then disposed of the application of the private respondent by way of his order dated 09.09.2016, which has been impugned by the applicant before this Court by way of instant Crl.Misc.Applicatoin.

                        It is contended by learned counsel for the applicant that the learned Sessions Judge, Qamber-Shahdadkot @ Qamber, was having no authority to have involved himself in issue of transfer and posting of public servant by exercising his jurisdiction on Crl.Misc.Applicatoin. By contending so, he sought for setting aside of the impugned order.

                        Learned A.P.G did not support the impugned order.

                        None has appeared on behalf of the private respondent to advance any argument.  

                        I have considered the above arguments and perused the record.

                        Admittedly, the issue which was advanced before learned Sessions Judge Qamber-Shahdadkot @ Qamber by the private respondent was with regard to his transfer and posting as Store Keeper in Health Department at Qamber-Shahdadkot @ Qamber, such issue obviously could not be resolved by a Sessions Judge in exercise of its jurisdiction under Criminal Procedure Code. The order impugned obviously has been passed in excess of jurisdiction and it is set aside.

                        The instant Crl.Misc.Application is disposed of accordingly.

JUDGE

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