IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt.Petition No. D – 1106 of 2019.

DATE OF

HEARING

ORDER WITH SIGNATURE OF JUDGE.

For hearing of main case.

25.09.2019.

M/s.Abdul Naeem Pirzada and Amjad Ali Gabole Advocates for petitioner.

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Through this petitioner, the petitioner as prayed for the following relief(s);

(a) That this Honourable Court may be pleased to pass the order for judicial inquiry and appoint any judicial officer to conduct the enquiry himself or through NAB or any other agency against the respondent No.3 and 4.

(b) To direct the respondent No.1 and 02 to take legal action against the respondent No.3 and 4, as they are involved in illegal activities of collecting Monthly/Bhatta from petitioner and direct to respondent No.2 to recover the said amount from respondent No.3 and 4 and hand over to the petitioner accordingly.

(c) That this Honourable Court may be pleased to direct the respondent No.2 to re-instate the petitioner according to law alongwith all back benefits, as the order of Dismissal is illegal and without due course of law.

(d) To direct the respondents to act in accordance with law and not to take any adverse action against the petitioner without observing proper procedure, principles of natural justice and the Constitution of Islamic Republic of Pakistan, 1973.

Learned Counsel for the petitioner at the very outset does not press prayer Clause-C,which stands dismissed as not pressed. However, he pressed other prayer clause and submits that notice may be issued to the respondents No.2 to 4.

From theperusal of record,it appears that petitioner has already filed Constitution Petition No.S-729//2018 in which the respondent No.3 has arrayed as party which was subsequently dismissed as withdrawn vide order dated 31.12.2018. The petitioner has filed instant petition,leveling allegations of similar nature. The respondent No.3 is Deputy Inspector General while the petitioner is Constable in Police Department under the supervision of DIG and how is it possible that a high rank officer of the Police Department will demand illegal “Bhatta” from his sub-ordinate,which does not appeal to a prudent mind.Perusal of record further reveals that respondent No.3 has dismissed the petitioner from his service on the allegations of misconduct of indulging for collection of “Bhatta” from gambling dens and his absence from duty w.e.f 05.09.2018 to 24.09.2019.

In view of above, we are of the considered view that the petitioner has not come with clean hand as the allegations of demanding “Bhatta” against the respondent No.3 on the face of it are vague and baseless, therefore, the instant petition is dismissed.

JUDGE

Ihsan.