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Petitioner: Farrukh Arfeen VS Respondent: G.M. HR Officer & others
Court Name: Sindh High Court Judge(s): Muhammad Shafi Siddiqui, Adnan-ul-Karim Memon Title: Farrukh Arfeen vs G.M. HR Officer & others Case No.: C.P. No.D-438 of 2021 Date of Judgment:2021-01-21 Reported As: 2021 SHC 117 Result: Petition dismissed
Judgment ORDER This is third tier of litigation. In the Court of first instance the grievance petition of the petitioner was dismissed on the ground that petitioner had already been terminated on 24.04.2020 whereas in the grievance petition no such reference was made; in fact it was prayed in the grievance petition that he (petitioner) may not be terminated. The NIRC hence dismissed grievance petition on such reasoning that it had become infructuous. Same was maintained by the Full Bench of NIRC vide impugned order with the observation that the petiti oner may avail fresh remedy for redressal of his grievance i.e. seeking declaration as to his termination vide letter dated 24.04.2020. Petitioner now has filed this petition challenging the award of punishment which was never impugned either in the Court of first instance i.e. NIRC Bench and the Full Bench of NIRC hence such questions cannot be probed in this petition as to whether award of punishment was lawful or unlawful. Petitioner may however avail the remedy as observed by the Full Bench of NIRC in its order dated 24.12.2020. Petition being misconceived is dismissed with no orders as to costs along with listed applications.