Case Details

Citation(s)
2022 SLG 2377 2022 SLD 2377 2022 PLC 1304
Sindh High Court
C.P. No. D-5143 of 2020, decided on 10th March, 2022, Datesof hearing: 17th, 23rd February and 2nd March, 2022.
AFTAB AHMED GORAR AND ADNAN-UL-KARIM MEMON, JJ
Malik Naeem Iqbal for Petitioner. Ali Safdar Depar, A.A.G for
Respondent No.1. Zeeshan Abdullah for
Respondent No.2. Ayan Mustafa Memon for
Respondents Nos.3 and 4.

Dr. TARIQ AHMED SHAIKH

VS

The PROVINCE OF SINDH through Chief Secretary, Government of Sindh and 3 others

Law:

Section:

(a) Civil service---Termination from service---Absence from duty---Scope---Petitioner assailed office order whereby he was awarded major penalty of termination from service---Contention of petitioner was that he was being victimized and harassed because he had disclosed the secrets of some of his superior officers of NICVD regarding their involvement in corruption and corrupt practices---Validity---Petitioner had continued to remain absent from duty without sanctioned leave despite the warning to join the duty---Petitioner was issued numerous warnings by the competent authority, which were available on record, to improve his attendance/punctuality and comply with the hospital duty hours but he failed to pay any heed to such warning/ communications---Order of dismissal from service clearly showed that same was based on non-attendance, punctuality and non-compliance of hospital duty hours---Petitioner had not placed any material on record to substantiate his plea---Constitutional petition was dismissed, in circumstance. Tahir Jamil Butt v. Mian Jehangir Pervez and another 1999 SCMR 2779 ref. (b) Constitution of Pakistan---Art.199---National Institute of Cardiovascular Diseases (Administration) Ordinance (I of 1979), S. 5---Constitutional petition---Function test---Person---Scope---National Institute of Cardiovascular Diseases (NICVD) is performing functions in line with the command of the federal/provincial government and exercising public power by creating public employments---NICVD is a person within the meaning of Art. 199(1)(a)(ii) read with Art. 199(5) of the Constitution---If the actions or orders passed by the competent authority of NICVD are violative of the Statute creating the Institute or of Rules/Regulations framed under the Statute, the same could be interfered with by High Court under Art. 199 of the Constitution. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707 ref. (c) Civil service--- ----Absence from duty---Scope---Where the fact of absence from duty is available on record, there is no need for holding a regular inquiry. Federation of Pakistan through Secretary Ministry of Law and Justice…
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