IN THE HIGH COURT OF SINDH AT
KARACHI
(Constitutional
Jurisdiction)
Constitution
Petition # -D- /2012
MUHAMMAD ………………………………… PETITIONER
VERSUS
1. PROVINCE OF
SINDH through
Chief Secretary, Government of Sindh,
Sindh Secretariat, Karachi.
2.
SECRETARY LOCAL
GOVERNMENT
Government of Sindh,
Sindh Secretariat, Karachi.
3. DIRECTOR-II,
Sindh Local Government Board,
Local Government Department
Government of Sindh. ……………….…RESPONDENTS
CONSTITUTION PETITION
UNDER ARTICLE 199 OF
THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.
The petitioner, above named, respectfully begs to submit as under:-
1. That the petitioner is a law abiding citizen and
always follows the law of land. The petitioner was posted as Secretary Union
Council, Natha Khan Goth, Shah Faisal Town, Karachi.
2. That the respondent No.1 is administrative head of
Government departments and the respondent No.2 deals with the matters relating
to the local governments, and the respondent No.3 is competent authority to
transfer the petitioner. the respondents are bound to act in fair and just
manner but unfortunately they have thrown all legal norms to the wind have acted
in a most arbitrary manner for their personal motives. Photocopy of Transfer
Order and Joining Letter are coupled herewith and marked as annexure “A” & “B”
3. That on 24th September, 2012, the
respondent No.3 transferred the petitioner to Union Council, Natha Khan Goth,
Shah Faisal Town, Karachi, thereafter, the petitioner submitted joining Letter before
the Assistant Director, local Government
Karachi.
4. That the petitioner after the transfer from Natha
Khan Goth to perform his duty as Secretary U.C 7, Sharifabad Liaqatabad Liaqatabad Town, Karachi, the
respondent No. 3 called the petitioner and said verbally that you are transferred
at district Badin, the transfer letter shall be delivered within a week. It is
pertinent to mention here that the respondent without any fault the petitioner
was transferred malafidely without any reason or cause.
5. That the petitioner is not being allowed by the
respondent to continue his duty and he is frequently transferred to many towns
at Karachi and he is in other district of province of Sindh with malafide
intention without any reasons. That the respondent No.3 made the life of the
petitioner miserable by transferring from one post to another post in many town
of Karachi without any complaint. This all frequent transfer of the petitioner
shows the malafide of the respondent No.3 for extraneous condition.
6. That the petitioner is transferred by the respondent
No.3 frequently on the political basis and extraneous condition.
7. That this Honorable Court would not appreciate and
also condemns the frequent transfer of the employee from one place to another
which only causes disturbance to the petitioner due to that reason the
petitioner will not perform his work properly.
8. That this Hon’ble Court has to review the executive
power of the respondent No.3 who illegally exercises his powers and frequently
transferred the petitioner with malafide intention.
9. That the petitioner is
lawfully entitled to seek protection from this Honorable Court of their
valuable right over the lease land as lawful title documents are in their
possession and this is fit case in which this Honorable Court may interfere and
issue writ to meet the ends of justice.
10.
That the petitioner in order
to redress his grievances has approached to the hierarchy of the respondents as
stated above in the body of this petition, but no fruitful result came out.
11.
That under Article 4 of the Constitution
this is an inalienable right of every citizen to be dealt with in accordance
with law and whenever right of a citizen is violated and brought to the notice
of High Court should be investigated and appropriate order is to be passed in
exercise of its jurisdiction under Article, 199 of the Constitution.
12.
That no other adequate remedy
is available to the petitioner for seeking direction against the respondents
except by filling this constitution petition in this Honorable Court.
13.
That there is no impugned order
in this constitution petition, and the petitioners have not filed any other
petition prior to this constitution petition nor they have filed any complaint
before any court of law on the subject matter for the relief prayed herein.
14.
That the petitioners crave
leave to press additional grounds at the time of hearing of the instant
petition before this Honorable Court.
PRAYER
a) Issue a writ of mandamus
directing and restraing therein to the respondents,
to let the petitioner to perform his duty as Secretary U.C 7, Sharifabad Liaqatabad Liaqatabad Town, Karachi, and the respondent No. 3 not to do anything which may be
detrimental to the interest / rights of the
petitioner.
b) To direct the respondent
No. 3 not to transfer frequently the petitioner to many towns i.e. district Badin which causes
the life of the petitioner miserable and disturbance to the petitioner due to
that reason the petitioner will not perform his work properly
c) Any other efficacious and equitable relief (s) as this Honorable Court may
deem fit and proper under the circumstances of this constitution petition.
Karachi.
Dated: 03-10-2012.
PETITIONER
Advocate for the Petitioner
VERIFICATION
I,
MUHAMMAD S/o Muhammad, Muslim, adult, Presently posted as Secretary Union Council No. 7 Sharifabad Liaqatabad
Town,, Karachi, do hereby state and verify on oath that whatever has been stated
above is true and correct to the best of my knowledge, information and belief.
Deponent ___________
CNIC
#. __________________
Mobile
No. ________________
Identified
by me
Advocate
Oath administered before me by the deponent above named at
Karachi on this ____ day of September, 2012, the deponent is identified to me
by Mr. S.M ZUBAIR advocate, who is
personally known to me.
Commissioner
for taking affidavits
