ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No.D-464 of 2008

          Date                       Order with signature of Judge                           

1. For orders on office objections

2. For Katcha Peshi

18^th February, 2010.

Mr. Muhammad ARshad khan Tanoli Advocate for the  petitioner

Mr. Ashiq Raza DAG

Mr. Khalid Javed Advocate for the  respondents No.2 to 4

>>>>>>> <<<<<<<

          The case of the petitioner is that before passing the order of compulsory retirement dated 06.8.2007 no opportunity of hearing was provided to him nor any show cause notice was issued nor any inquiry was held. It seems that the universal legal principle of providing opportunity of hearing before passing of an adverse order against the person was altogether violated in passing of the impugned order against the petitioner. To this extent Mr. Khalid Javed Counsel for the respondents No.2 to 4 concedes to the position.

          Consequently, the impugned order dated 06.8.2007 of compulsory retirement of the petitioner is set aside with direction to the respondents No.2 to provide an opportunity of hearing to the petitioner in accordance with law and decide the same within a period of one month.

          The petition in the above terms stands disposed of.

                                                                                                                                                                             J U D G E

                                                                             J U D G E

Aamir/PS