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2021 SHC 192

Wajahat-ur-Rehman vs Federation of Pakistan & others

Petitioner: Wajahat-ur-Rehman VS Respondent: Federation of Pakistan & others

Court: Sindh High Court Decision Date: 2021-01-20

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Muhammad Ali Mazhar, Amjad Ali Sahito Title: Wajahat-ur-Rehman vs Federation of Pakistan & others Case No.: C.P. No.D-5621 of 2020 Date of Judgment:2021-01-20 Reported As: 2021 SHC 192 Result: Application disposed off

Judgment ORDER Muhammad Ali Mazhar , J. The petitioner has challenged the office order dated 19.10.2020, whereby the respondent No.2 imposed major penalty of compulsory retirement from service upon the petitioner with immediate effect in terms of Rule 4(1)(b)(ii) of the Government Servant (Ef ficiency & Discipline) Rules, 1973. 2. At the very outset, learned counsel for the respondent Nos.2 to 4 submits that the Port Qasim Authority has adopted the Government Servant (Efficiency & Discipline) Rules, 1973 for their employees and after passing the impugned order for compulsory retirement the petitioner has challenged the same by filing departmental appeal to the appellate authority i.e. Secretary , Ministry of Maritime Affairs, Government of Pakistan, which is pending. 3. Learned counsel for the petitioner on instructions of the petitioner , who is presen t in court admits that appeal has been filed before the appellate authority , but it is still pending without any action on it. Learned counsel for respondent Nos.2 to 4 undertakes that within a period of one month the appellate authority after providing ample opportunity of hearing to the petitioner shall decide the appeal by passing speaking order . Learned counsel for the petitioner agrees to this proposal. 4. The petition along with pending application is disposed of with the directions to the appellate authority to decide the pending appeal of the petitioner within 30 days after providing ample opportunity of hearing to the petitioner . The date of hearing shall be communicated to the petitioner in writing.

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