IN THE HIGH COURT OF SINDH AT KARACHI

C. P.  No. D-1620 / 2011

ORDER WITH THE SIGNATURE OF THE JUDGE        

1. For Katcha Peshi.

2. For hearing on Misc. No. 7525/2011.

11.04.2012   

                   Muhammad Aqib Shahid, the petitioner in person.

                   Mr. S. Ashique Raza, D.A.G. alongwith

                   Lt. Cdr. M.  Ali Ansari and S/Lt. Ghazanfar.

              The petitioner, who had joined Pakistan Navy in July 2005 as a Cadet and was subsequently promoted as Ag Sub-Lieutenant, was by order 23 October 2009 withdrawn from training and discharged from services. Against the said order the petitioner filed C.P. No. D-1495/2010 before a Division Bench of this Court;  that C.P. was disposed of through judgment dated 03.11.2010 by directing the Naval Authorities to decide the petitioner’s application pending since 26.10.2009 and in case he is aggrieved by the proposed decision or such decision is not communicated to him within 30 days of date of the said order, the petitioner was set at liberty to prefer an appeal before the Federal Government through the Chief of the Naval Staff with a direct copy to the Secretary Ministry of Defence.  However  petitioner’s appeal remain pending before the Chief of Naval Staff,  the petitioner had to file an appeal before the Secretary Defence which appeal was rejected;  against such rejection the petitioner has filed the present petition.

              Without going into the merits of the case,   and  considering the ground urged by the petitioner before us that neither was he heard by the Chief of the Naval Staff nor by the Secretary Defence and therefore the purported decision has been taken in violation of the principle of natural justice, we would dispose of this petition by directing Chief of the Naval Staff to afford an opportunity of hearing to the petitioner within three weeks from the date of receipt of this order and decide the matter  on the basis of the material pertaining to his case,  available on record.

              A copy of this order be furnished to the officer present to ensure compliance.

              The petition stands disposed of in the foregoing terms.

                                                   J U D G E

            J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice M.Shafi Siddiqui/11.4.2012\zahid