ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.3086 of 2021

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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1. For order on CMA No.22924/2021 (Urgent).

2. For order on CMA No.22862/2021 (Exemption).

3. For order on CMA No.22863/2021 (Stay).

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31^st December 2021

Mr. Fayaz Ali Metlo, Advocate for Plaintiff.

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1          Urgency granted.

2.         Exemption granted, but subject to all just exceptions.

3.         Through instant suit, the plaintiff has expressed his grievance against issuance of show-cause notice and the proceedings initiated by the defendants, which according to the learned counsel for plaintiff, besides being illegal and malafide, are also without jurisdiction, as according to learned counsel, the plaintiff is a Medical Superintendent (BS-19) in Sindh Employees’ Social Security Institution (SESSI), whereas, according to the learned counsel, as per Sindh Employees’ Social Security Institution (Revised) Regulations, 2006, the Governing Body is the competent authority to either appoint or take any disciplinary action against officer of BS-19, which comprises of Minister Labour, Government of Sindh, four persons to represent Government, three persons to represent employers, three persons to represent secured persons, Commissioner and the Medical Adviser. It has been contended by the learned counsel for plaintiff that though a detailed response to the show-cause notice dated 03.11.2021 has been submitted by the plaintiff on 15.11.2021, wherein, the allegations leveled against the plaintiff have been denied, whereas, legal objections have also been raised, however, the defendants are bent upon the plaintiff to penalize and have issued final show-cause notice on 14.12.2021 in violation of law. It has been prayed that the impugned show-cause notice may be set aside and defendants may be restrained from taking any coercive adverse action against the plaintiff. In support of his contention, learned counsel has placed reliance on the case of SYED NUSRAT NASIR v. FEDERATION OF PAKISTAN AND OTHERS (2013 PTD 486).

            Mr. Jawad A Sarwana, Advocate has shown appearance and files vakalatnama on behalf of the defendants, however, waives notice of instant suit, claim its copy alongwith annexures and requests for time to file written-statement and counter-affidavit. Learned counsel for the plaintiff undertakes to provide copy of the same during course of the day.

Let notice be issued to the defendants as well as Advocate-General Sindh, to be served through first three modes, for 17.01.2022, when written-statement/counter-affidavit shall be filed with advance copy to the learned counsel for plaintiffs. In the meanwhile, plaintiff may submit response to the final show-cause notice. However, till next date of hearing, defendants may not pass any final adverse order against the plaintiff pursuant to final show-cause notice dated 14.12.2021.

      J U D G E

*Farhan/PS*