Full Judgment Text & Judicial Ruling

1990 P L C (C

1990 P L C (C.S.) 16

[Karachi High Court]

Before Ajmal Mian, C.J. and Abdul Rahim Kazi, J

AZIZ AHMED

versus

KARACHI MUNICIPAL CORPORATION through

Mayor of Karachi and 4 others

Constitutional Petition No. D-1345 of 1988, decided on 6th March, 1989.

Government Servants (Efficiency and Discipline) Rules, 1973--

---R. 10---Removal from service---Reinstatement---Employee working under Karachi Municipal Corporation and having Grade-H, was removed from service---Employee filed appeal against his removal before Mayor of Karachi, which first was accepted directing his reinstatement, but subsequently was dismissed on ground that Competent Authority to entertain appeal was the Government-- Competent Appellate Authority to entertain appeal against order passed by Municipal Commissioner admittedly being Government, petitioner directed to approach Government with appeal---High Court, however, observed that employee could file application for condonation of delay if any and Appellate Authority would dispose of that application in accordance with law.

Dr. Hameed Ahmed Ayaz for Petitioner.

S.M. Muslim Naqvi for Respondent No. 1.

ORDER

AJMAL MIAN, C J.--It seems that the petitioner, who was working as Veterinary Compounder in the respondent No.1 Corporation, was removed from service by an order dated 2-8-1988. The grade of the petitioner was 8-Grade. He filed an appeal against the above order before the Mayor of Karachi, who by his order dated 31-10-1988 directed the reinstatement of the petitioner. In spite of the above order, the petitioner was not reinstated and, therefore, he filed the present petition.

We had issued a pre-admission notice to the respondent No.1 in response to which Mr. Muslim Naqvi along with Lt. (Rtd.) Majid Hussain Director Administration, is present and has shown us the relevant file, which contains an order passed by the Mayor on 26th February, 1989, stating therein that the competent authority was the .Government and, therefore, the order dated 31-10-1988 was withdrawn.

It seems that under Rule 10 E & D Rules, the competent appellate authority to entertain an appeal against an order passed by the Municipal Commissioner is the Government. It will be, therefore, advisable to the petitioner to approach the Government with the appeal. However, Dr. Hameed Ahmed Ayaz, learned counsel for the petitioner, has submitted that because of the order of the Mayor dated 31-10-1988 ordering reinstatement the petitioner was misled and, therefore, did not file the appeal in time in terms of the above rule. He, therefore, has prayed that this Court may make an observation to the effect that the delay in filing of the proposed appeal will be condoned. It will suffice to observe that the petitioner may make an application for the condonation of the delay on the above ground and the Government will consider the same and will dispose of the same in accordance with law.

With the above observation, the petition is dismissed in limine.

H.B.T./A-629/K

Order accordingly.

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