Case Details

Citation(s)
2008 SLG 1270 2008 SLD 1270 2008 PLC 598
Sindh High Court
C.P. No.D-2261 of 2007, decided on 22nd January, 2008.
AZIZULLAH M. MEMON AND ARSHAD NOOR KHAN, JJ
Muhammad Nawaz Shaikh for Petitioner. Chaudhry Rasheed Ahmed along with Mrs. Saeeda Siddiqui for
Respondent No.4.

GHULAM MURTAZA BHUTTO

VS

PROVINCE OF SINDH and others

Law: Sindh Council Unified Grade Service Rules, 1982

Section: 11,14

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Councils Unified Grades Service Rules, 1982---   ----Rr. 11 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Transfer---Petitioner had submitted that he was posted by transfer at place K on the post where respondent was posted; he claimed that he submitted his joining report and started discharging his duties at said place of his working---Petitioner had alleged that respondent was using political influence to get himself posted at said place K where petitioner was duly transferred---Petitioner had alleged that a letter was issued by the Private Secretary of Minister concerned to the Authority directing him to withdraw order of transfer of petitioner at place K---Documents placed on record had clearly proved that impugned orders were passed by the Secretary, Sindh Local Government Board and no indication was found that any Private Secretary to any Minister or anybody else went on seeking illegal orders or was misusing his authority to influence his superior officers, in any case, even if such events actually took place, disputed question of fact, could not be enquired into by the High Court in the proceedings of constitutional petition; and that petitioner had necessarily to approach competent forum for the purpose of seeking enquiry into the allegations as made by him in the constitutional petition---Petition was dismissed, leaving petitioner at liberty to approach competent forum for the purpose of proof of the allegations as made by him in the petition. ORDER Heard Mr. Muhammad Nawaz Shaikh, Advocate for the petitioner. Mr. Choudhry Rasheed Ahmed, Advocate for the respondent No.4, and Mr. Fareed A. Dayo for official respondents. The petitioner asserts that while awaiting for posting to be posted as Town Officer (Finance), Town Municipal Administration, Kemari in place of respondent No.4 Muhammad Fayyaz, he was directed to report to Sindh Local Government Board vide order, dated 24th September, 2007 issued by respondent No.2 and petitioner submitted his joining report on 24th September, 2007 accordingly. He started discharging his duties on the said post, but respondent No.2 again issued order, dated 28th September, 2007,…
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