IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–835 of 2020

Constt: Petition No.D–844 of 2020

 

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

                                               

1.    For orders on O/objection at flag-A.

2.    For hearing of CMA No.3913/20.

3.    For hearing of main case.

 

 

                             

27.10.2020

 

Haji Shamsuddin Rajper Advocate for petitioner.

Mr. Mehboob Ali Wassan AAG.

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                   The petitioner Shafique Ahmed Bhutto through instant petition has prayed as under;

 

a)   That this Honourable Court may be pleased to declare that act of the official respondents for posting the respondent No.7 as per impugned order dated 25.08.2020 and directing the petitioner to report before the Board, is illegal, unlawful and against the law of lands.

 

b)   That this Honourable Court may be pleased to set-aside the impugned order dated 25.08.2020 issued by Director-I, Government of Sindh Local Government Department Sindh Local Board vide No.SLGB/SCUG/AO/Admn-I/T&P/2020 Karachi dated 25th August, 2020.

 

c).      That, this Honourable Court may be pleased to suspend the operation of impugned order dated 25.08.2020 issued by Director-I, Government of Sindh Local Government Department Board Karachi vide No. SLGB/SCUG/AO/Admn-I/T&P/ 2020 for posting the respondent No.7 and transferring the petitioner for reporting him o Board, till final decision of instant petition in hand before this Honourable Court.

 

 

          It is, inter alia, contended by learned Counsel for the petitioner that petitioner is employee of Local Government Department, Govt. of Sindh and Director-I Sindh Local Government Board has misused his official powers and created nuisance for frequent transfer of petitioner i.e. on 07th July, 2020, 29.07.2020, 13.08.2020, 25.08.2020 and 31.08.2020 and kept him under suspension without any legal justification. He further contended that the petitioner filed Constitution Petition No.835 of 2020 before this Court whereby this Court suspended the operation of impugned order and during pendency of aforesaid petition, petitioner was transferred hence, the petitioner has filed instant petition.

 

          Conversely, learned AAG submits that though the petitioner has preferred Constitution petition No.D-835/2020 and during pendency he preferred another petition regarding same subject matter therefore, both petitions may be dismissed. He further submits that the Director-I Sindh Local Government Board is supervising officer of the petitioner and he being controlling authority and it is his domain to transfer the petitioner as well as other officers of Local Government by utilizing his discretionary powers. By contending so, he prayed for dismissal of both aforesaid petitions with heavy costs. 

 

          Against comments of respondent No.1 affidavit-in-rejoinder has been filed by the petitioner which he has denied such facts.

 

          We have considered the arguments of learned Counsel for parties and have perused the record meticulously.

         

           In response to notice, the Secretary Local Government Board has furnished his comments taking a stance that the service record of petitioner is unpredictable and his track record is flawed with corrupt practices and he is facing inquiries regarding embezzlement of Government funds through fake billing and from the scrutiny of record pertaining his appointment also revealed that his appointment order is suspicious he was appointed as Lab-Assistant in Directorate of School Education, Larkana Region Larkana on 4th February, 1996 but he neither applied through proper channel against the post of Town Officer nor ever appeared in any test/interview, however, neither any competent authority has signed and issued it nor the orders are issued in manners. On the contrary some fake signature signed as ‘for’ Secretary Local Government Board has been impressed which is inadmissible which shows proof of his bogus appointment hence, he cannot be expected to discharge responsibilities bonafidely. He also facing inquiry in respect of embezzlement as during his positing on one day he has issued cheques of amount in Millions of rupees in Municipal Committee Pir-Jo-Goth and he mislead the Court by playing victim Card.  

 

          In view of above, we are of the considered view that the petitioner has not come with clean hands as the allegations of his frequent transfer on the face of it are vague and baseless, therefore, the instant petition being meritless is dismissed.

 

          Constitution petition No.D-835/2020 and D-844 of 2020 stand disposed of in the above terms.

 

 

                                                                                            J U D G E

 

                                                                      J U D G E

 

                                                       

         

 

 

 

 

 

Ihsan.