| Citation(s) |
|---|
| 2025 SLG 1024 2025 SLD 1024 |
Constitutional Petition No. D-256 of 2025
Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Before: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon Date of hearing and order: 24.1.2025 Mr. Atta Hussain advocate for the petitioner
Hafeezullah (Petitioner)
VS
Govt of Sindh & Others (Respondent)
Law: Sindh Civil Servants (Efficiency and Discipline) Rules, 1973
Section: 5(3)
Law: Constitution of Pakistan, 1973
Section: 199
Summary of the Court Order:
The petitioner, Hafeezullah Khan Khoso, filed a constitutional petition under Article 199 seeking directions for respondents to decide his departmental appeal dated 31st January 2024, against his dismissal from service ordered on 5th January 2024. He alleged that the dismissal violated principles of natural justice, as no formal inquiry was conducted despite disputed facts and evidence in his defense. He blamed the damage to wheat stocks on heavy rainfall and the National Logistics Cell's (NLC) failure to provide adequate storage, and argued he was unfairly held responsible.
The Court noted that under Rule 5(3) of the Sindh Civil Servants (Efficiency & Discipline) Rules, 1973, the petitioner was given a chance to show cause, but no formal inquiry was held, which may have been required due to the disputed facts. However, since the petitioner’s departmental appeal remained undecided for nearly a year, he had the option to file an appeal with the Sindh Service Tribunal after 90 days of the original dismissal order, as per Falak Sher v. Govt. of Punjab (1995 SCMR 962) and Dr. Sayyid A.S. Pirzada (2023 SCMR 1087).