| Citation(s) |
|---|
| 2020 SLG 1712 2020 SLD 1712 2020 PLC 531 |
Sindh High Court
C.MAs. Nos. 133, 134 of 2019 and 17292 of 2018 in Suit No. 2270 of 2018, decision Dated: 10-10-2019.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Umar Lakhani for Plaintiff. Fayyaz Ali Metlo for Defendants Nos. 2, 3 and 4
C.MAs. Nos. 133, 134 of 2019 and 17292 of 2018 in Suit No. 2270 of 2018, decision Dated: 10-10-2019.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
Umar Lakhani for Plaintiff. Fayyaz Ali Metlo for Defendants Nos. 2, 3 and 4
MIR MUHAMMAD RAZA
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY AND 5 OTHERS
Law:
Section:
Civil service--- ----Employee of a Corporation---Verification of educational credentials---Suit for declaration and permanent injunction---Temporary injunction, grant of---Employer could verify educational credentials of an employee and if any adverse action had been taken then employee had right of appeal in accordance with law---Plaintiff had no prima facie case and balance of convenience in his favour---If any irreparable loss was caused to the plaintiff/employee then same could be compensated after the trial, if plaintiff succeeded---Passing of injunction in favour of plaintiff was not warranted in circumstances---Application for grant of temporary injunction was dismissed. Basharat Hussain and another v. Provincial Government through Chief Secretary and 4 others 2018 PLC (C.S.) Note 151; Nazar Hussain and others v. Deputy District Education Officer and others 2003 SCMR 1269 and Muhammad Ali and 11 others v. Province of Khyber Pakhtunkhwa through Secretary, Elementary and Secondary Education, Peshawar and others 2012 SCMR 673 ref. THIS ORDER PASSED BY: MUHAMMAD JUNAID GHAFFAR JUSTICE:---.--- This is a Suit for Declaration and Injunction, whereby, the Plaintiff seeks a declaration that show-cause notice dated 07.08.2018 and Office Order dated 24.10.2018 are illegal, without jurisdiction, and based on mala fides, whereas, with a further declaration that Plaintiff's academic credentials stand resolved and is a past and closed transaction. After passing of ad-interim orders on 4.12.2018, whereby, the defendants were restrained from passing any final order; the plaintiff has filed another C.M.A. No. 133/2019, seeking suspension of the final show-cause notice and vide order dated 07.1.2019, the said show-cause notice was also suspended. Through this order both listed applications for injunction are decided. 2. Learned Counsel for the Plaintiff submits that presently the Plaintiff is working as a Manager in BPS-18 in defendant No. 2, whereas, he was inducted into service in the year 2010, pursuant to an application made by him in response to an advertisement; that the impugned show-cause notice, has alleged that education credentials of the Plaintiff are forged,…
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