IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No.D–361 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on CMA No.1319/19.

2. For hearing of main case.

19.12.2019

Petitioner Akhtar Hussain Dhodho in person.

Mr. Zulfiqar Ali Naich AAG along with Ahmeduddin Mirani District Education Officer (Primary) Ghotki.

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Through this petition the petitioner claims that he is employee of Education Department as Chowkidar such offer order was issued on 06.04.2012 in his favour but he has been deprived of his due salaries since his induction in service.

On 09.10.2019 one Khadim Hussain Siyal Junior Clerk, District Education Officer (Primary) Ghotki @ Mirpur Mathelo present and produced original muster roll wherein the name of petitioner was not found and matter was adjourned to 10.10.2019 with directions to Head Master Primary School Hussainpur to appear in person. On said date Ahmeduddin Mirani, District Education Officer (Primary) Ghotki @ Mirpur Mathelo present along with Head Master Government Primary School Hussainpur, Taluka Ubauro and they produced muster roll. On verification in open Court the name of present petitioner is mentioned in the muster and there was much difference between the muster roll produced before this Court on 09.10.2019 and 10.10.2019 with regard to the attendance of the present petitioner which clearly suggested that there is tampering in the Muster roll which culminate a criminal offence and in this regard Deputy Director Anti-Corruption Establishment, Sukkur was directed to conduct thorough investigation in to the matter with regard to the genuineness of the Appointment order as well as attendance, services of the petitioner and tampering in the Muster Roll by the competent authority after providing an opportunity of hearing to the petitioner.

On 08.11.2019 Deputy Director Anti-Corruption Establishment, Sukkur submitted a detailed report. Perusal of report reflects that the name of petitioner in Muster Roll/Attendance Register is illegally inserted by the petitioner with the connivance of Head Master Abdul Sattar Soomro. He instead of verifying the documents intentionally inserted the name of petitioner in Muster Roll/Attendance Register and remained silent which shows his malafide and he is equally responsible for the preparation of bogus/fake record and the entire documents of appointment of petitioner Akhtar Hussain Dhandhu are bogus. The Inquiry Officer also opined that petitioner Akhtar Hussain Dhandhu was well aware about the fraud and false documents, he met with Allah Bachayo Qazi and paid him bribe amount of Rs.300,000/- as illegal gratification and obtained the bogus Appointment Order, Medical Fitness and met with Head Master Abdul Sattar Soomro GPBS Hussainpur Taluka, Ubauro who illegally, malafidely inserted the name of the petitioner in muster roll/attendance register since, 2012 and such facts have been concealed from this Court. The inquiry Officer finally opined that after approval matter will be placed before ACC-I Sindh, seeking permission for registration of case against Allah Bachayo Qazi Ex-Taluka Education Officer, Ubauro BPS-18, Allah Warrayo Chachar Ex-Taluka Education Officer, Ubauro PS-18, Abdul Sattar Soomro Head Master Government Primary (boys) School Hussainpur BPS-11 as well as Akhtar Hussain Dhandhu beneficiary/petitioner and necessary for their arrest.

Since, the matter has been placed before ACCI-I Karachi therefore, this petition stands disposed of having become infructuous.

J U D G E

J U D G E

Ihsan.