ORDER
SHEET
IN THE
HIGH COURT OF SINDH BENCH AT SUKKUR
C. P. No. D – 240/2010 and 1787/2013
|
Date of hearing |
Order with signature
of Judge |
29.08.2018
M/s
Ghulam Shabir Shar and Sohail Ahmed Khoso advocates for the petitioners.
Mr.
Ahmed Ali Shahani Assistant Advocate General Sindh.
...................
Vide order dated 09.09.2014 this
Bench was pleased to appoint Mr. Bashir Ahmed Memon AIGP to enquire into the matter, call record from the
concerned authorities and thereafter to furnish report about the results and
marks, within period of two months. Such report was filed by Mr. Bashir Ahmed Memon. In terms of para 7 it was pointed out that:
“record provided by DPO office Khairpur was missing with the manual interview
marks sheet that contained hand written marks given to the individual
candidates by the Interview Committee or Member. Only computerized marks sheets
were presented by DPO office but from where the data
was imported into this computerized sheet was not provided. Therefore, it
was not possible to confirm the success of remaining 10 petitioners in the
interview. This has created a reasonable doubt to the undersigned that the
interview procedures were not taken seriously which leads to a fact that the
petitioners may have deprived from their right.” (Underlining is for
emphasis)
It is
the case of the petitioner that the conclusion drawn in terms of para 9 of the
report was sufficient for the issuance of appointment letter which is
reproduced as under:
“9. Keeping in view the above, the
undersigned recommend that the DPO Khairpur may be
directed to issue appointment letters to petitioners mentioned at Sr. No.1, 2,
3, 4, 6, 7, 8, 9, 10, 11 & 13 in the above quoted petition. The petitioner
mentioned at Sr. No.12 has already been appointed as Constable during the
recruitment carried out by Sindh Police in 2014.”
We
have heard the learned counsel and perused the material available on record.
Mr. Bashir Ahmed Memon as appointed in terms of order
dated 09.09.2014 was only to submit report after calling record from the
concerned authorities. The defence of learned AAG at
the relevant time was that petitioners were failed in the viva voce. The
mandate of Mr. Bashir Ahmed Memon was limited to the
extent of realizing this fact as to whether they were successful in the
interview / viva voce or otherwise in terms of marks obtained. Para 7 of the
report was sufficient. The line underlined in the first para i.e. para 7 of the
report is sufficient that it was not possible to confirm the success of
remaining petitioners. Subsequent recommendation in terms of para 9 of the report
was not the mandate of Mr. Bashir Ahmed Memon
appointed in terms of the order ibid. He himself chose to interview one of the
petitioners to check his capabilities and found out that one petitioner namely
Barkat Ali was not even able to write name of the university Shah Abdul Latif
University, not even in Sindhi language. The Commissioner Mr. Bashir Ahmed Memon himself was suspicious about the capabilities of the
candidates.
In terms of order dated
23.05.2017:
Mr.Ahmed Ali Shahani, learned Asstt: A.G Sindh Sukkur submits that he has filed a report in
compliance of the order dated 04.04.2017 submitted by Mr.Sheeraz
Nazeer PPM, PSP AIGP/ Establishment for Inspector
General of Police Sindh. Mr.Sheeraz
Nazeer A.I.G.P (Establishment) present in Court submits
that a Recruitment Board has already been constituted and Mr.Sanaullah
Abbassi PSP Addl. Inspector General of Police CTD, Sindh is it’s Chairman and Mr.Sheeraz Nazeer AIGP/Establishment
for Inspector General of Police Sindh is also Secretary to the said Board. The
officers present in Court is directed to immediately place the recommendatory
report of Mr.Bashir Ahmed Memon,
as referred above, before the Sindh Police Recruitment Board, who shall call an
urgent meeting of Sindh Police Recruitment Board within a period of seven (07)
days’ time and the matter be placed in the meeting and be decided within a
period of thirty (30) days’ time and submit report to this Court on or before
next date of hearing through Secretary of the Board Mr.Sheeraz
Nazeer AIGP Establishment for Inspector General of
Police Sindh, who should appear along with the report on 20.06.2017 at 11.30
a.m. Copy of this order be provided to Mr.Ahmed Ali
Shahani Asstt: A.G
Sindh-Sukkur for onward transmission to the concerned authorities for
compliance.”
Thus the
matter was referred to the Police Recruitment Board to be placed in a meeting
before them for a decision within the period prescribed therein and to submit
report to this Court. In pursuance of the order dated 27.05.2017 the
report was submitted and out of 19, 4 were declared as successful at serial
No.1 to 4 in the compliance report available at page 477, relevant page 479.
Candidates from serial No.5 to 9 were failed whereas candidates at serial
No.10, 11, 12 and 16 were appointed in other department.
Some of the candidates refused to receive notices. Three separate statements to
the above extent were filed which are taken on record. We do not see any error
or impediment in the implementation and compliance of the report of Mr. Bashir
Ahmed Memon by the Police Recruitment Board. After passing
of so many years, the interview by the Police Recruitment Board was inevitable
and it is borne out from the order dated 27.05.2017 for placing the report
before the Police Recruitment Board for decision, otherwise the order of their
appointment could have been passed then and there by this Bench.
During
the course of the proceedings, Mr. Ahmed Ali Shahani, learned AAG has conceded that so far those
candidates who were either not served with the notices or alleged to have
refused the notices may be reconsidered and necessary notices may be issued to
them only once at the address disclosed in the petition, and they may also be
subjected to interview by the Police Recruitment Board. We, therefore, in the
fitness of the case deem it appropriate that those who were failed in the interview
conducted by the Police Recruitment Board does not deserve any
re-consideration. However, insofar as those who were either not served with the
notices as mentioned above and in the statement, may be given notices afresh
for their appearance before the Police Recruitment Board, who shall be
subjected to passing through interview procedure and the Police Recruitment
Board may be competent to pass appropriate orders as they may deem fit and
proper.
Both the petitions
stand disposed of as such.
__________________
J U D G E
__________________
J U D G E
N.M.