Muzzafar Ali (Petitioner) VS Fed. of Pakistan and Ors (Respondent)

ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P No.D-521 of 2017

Date Order with Signature of Judges

1.For orders on Misc. No.2824/2017 (U/A)

2.For orders on Misc. No.2825/2017 (Ex/A)

3.For orders on Misc. No.2826/2017 (Stay/App)

4.For hearing of main case.

Mr. Ali Asadullah Bullo, advocate for the petitioner.

1.Urgency granted.

2.Exemption is granted subject to all just exceptions.

3&4. Learned counsel states that the present Managing Director/respondent No.3 has some person grudge against the petitioner. He states that previously a show cause notice was issued to the petitioner for dismissal from the service which thereafter was challenged in C.P.No.D-6519/2016 and this Court vide order dated 23.12.2016 disposed of the petition on the assurance given by the respondents that they will issue fresh show cause notice to the petitioner and will grant him ample opportunity for submitting his reply but thereafter without fulfilling legal and codal formalities and with malafide intention the petitioner was suspended which order also was challenged in C.P. No.D-7149/2016 and the same was suspended by this Court vide order dated 29.12.2016. Counsel states that the respondent No.3 does not stop here as he with malafide intention, as stated earlier, that he has some personal grudge against the petitioner has now issued a letter/office order dated 25.01.2017 by compulsory retiring the petitioner from service with immediate effect. Counsel states that the chain of proceedings clearly demonstrate that the respondent No.3 is acting with malafide intention against the petitioner which is not only violative of law but also has no legal sanction and is beyond his legal capacity. Learned counsel further states that the respondent No.3 is about to retire shortly and has taken this action prior to his retirement just to cause harm to the petitioner for some extraneous reasons. Let notice be issued to the respondents as well as DAG for 14.02.2017, till then office order dated 25.01.2017 is suspended.

JUDGE

JUDGE