ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 284 of 2009.

Date	Order with signature of Judge

For Katcha Peshi.

17.06.2009.

Petitioner present in person.

Mr. Azizul Haq Solangi, Asstt. A.G.

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1. Learned Asstt. A.G. states that despite writing letter to the Chief Secretary, Sindh, Karachi, on 22.5.2009, for expediting the enquiry, he has not received any response.

2. Law requires that matters relating to disciplinary action against a civil servant be disposed of expeditiously. Under the normal rules i.e. Sindh Civil Servants (Efficiency and Disciplinary), Rules 1973, hearing of the case is to be made on day to day basis and report is to be given within ten days of the conclusion of the enquiry and continuation of suspension of a civil servant shall require approval of competent authority after every three months.

3. Under the special procedure i.e. The Removal From Service (Special Powers) Sindh Ordinance, 2000, also enquiry is to be completed within 25 days of initiation of enquiry.

4. In the case of the petitioner, who was suspended on 26.5.2008, no step is shown to have been taken towards the completion of disciplinary action against him. Neither any explanation has been called from him nor any show cause notice has been served upon him nor any enquiry officer or enquiry committee has been appointed to conduct enquiry against him and nor approval of the competent authority is shown to have been obtained for keeping him suspended beyond three months. Such sorry state of affairs on the part of the authorized officer simply shows abuse of powers on his part.

5. Earlier also the petitioner was suspended and the Hon’ble Supreme Court was pleased to take up his case as Human Right Case No. 3421-K of 2007, and he was reinstated. In its order dated 05.09.2007, the Hon’ble Court was pleased to observe that his continuous suspension beyond six months was unwarranted, unauthorized, against rules, standing orders and instructions issued by the government from time to time.

6. In view of the above, it is clear that further continuation of petitioner’s suspension without calling his explanation, without serving any show cause notice upon him and without appointing any enquiry officer for the purpose of conducting enquiry for the last more than one year is illegal and malafide. He cannot be kept in suspension for indefinite period.

7. Suspension is not justifiable before the Service Tribunal and, therefore, petitioner’s remedy lies before this Court. Accordingly, the petitioner’s suspension for more than one year without calling his explanation, without serving any show cause notice upon, without appointing any enquiry officer or enquiry committee for conducting enquiry against him is declared to be without lawful authority and of no legal effect. Consequently, he is directed to be reinstated within fifteen days under intimation to this court. His reinstatement shall not absolve him from any disciplinary action which the competent authority may take against him for his alleged misconduct. However, the competent authority is expected to decide the matter expeditiously in accordance with the letter and spirit of the law for deciding matters relating to disciplinary action expeditiously.

Judge