Badar Jamil Mandhro (Petitioner) VS Prov. of Sindh and others (Respondent)

ORDER SHEET

ORDER

SHEET

IN

THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D–1577 of 2009

Date Order with signature of Judge

1. FOR KATCHA PESHI

2. FOR HEARING OF MISC 8314/2009

3. FOR EHARING OF MISC 9040/2009

Before:

Mr. Justice Gulzar Ahmed

Mr. Justice Shahid Anwar Bajwa.

31st March 2010.

Mr. Naeem Iqbal, Advocate for petitioner.

Mr. Adnan Karim, A.A.G.Sindh.

GULZAR

AHMED, J.: Grievance of petitioner is that he has been suspended vide order dated 11.7.2009, passed by the Chief Secretary, Government of Sindh, under the Removal from Service (Special Powers) Sindh Ordinance, 2000.

Learned counsel for petitioner has contended that petitioner is a BS-19 officer and only Chief Minister is competent authority to pass order of his suspension and not the Chief Secretary, therefore, impugned order is without jurisdiction.

Mr. Adnan Karim learned AAG has stated that Chief Minister has delegated powers to the Chief Secretary under the Removal from Service (Special Powers) Sindh Ordinance, 2000.

Section 2(a) of Removal from Service (Special Powers) Sindh Ordinance, 2000 defines the competent authority and it reads as follows:

“(a)"competent authority" means, the [Chief Minister] and where, in relation to any person or class of persons, the [Chief Minister] authorizes any officer or authority, not being inferior in rank to the appointing authority prescribed for the post held by the person against whom action is proposed to be taken, to exercise the powers of competent authority under this Ordinance, that officer or authority, and in relation to an employee of a Court or a Tribunal functioning under the Provincial Government, the appointing authority or the Chairman or Presiding Officer of the Court or the Tribunal;”

The very reading of this clause shows that competent authority is the Chief Minister himself but in relation to any person or class of persons the Chief Minister can authorize an officer or authority not being inferior in rank to the appointing authority prescribed for the post held by the person against whom action is proposed to be taken to exercise the powers of competent authority under this Ordinance. The very definition of competent authority has nexus to appointing authority and in the case of petitioner, who is BS-19 grade officer, it is admitted that the Chief Minister himself is appointing authority and the Chief Secretary will be inferior in rank to the appointing authority of the petitioner that is Chief Minister, who alone is competent to take action against the petitioner. Thus, the Chief Secretary has no power to exercise the power which is to be exercised by the Chief Minister himself and in the circumstances the impugned order dated 11.7.2007 appears to be without jurisdiction.

Learned A.A.G. has stated that a summary has been floated to the Chief Minister for taking disciplinary action against the petitioner. If the petitioner is to be suspended let an order in this regard be passed by Chief Minister.

The petition along with listed applications stands disposed off in the above terms.

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