I N D E X
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S.No.
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Description
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Annexure
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Page No.
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1.
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Memo of
Petition alongwith its supporting
Affidavit.
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1 to 14
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2.
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Photo Copy of Transfer
Order
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“A”
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15 to 16
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3.
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Photo Copy of Joining
Report
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“B”
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17 to 18
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4.
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Urgent Application alongwith its
supporting affidavit.
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19 to 24
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6.
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Exemption Application alongwith its supporting
affidavit.
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25 to 30
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7.
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Application U/O. XXXIX R. 1 & 2 CPC alongwith its supporting affidavit.
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31 to 36
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8.
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Vakalatnama |
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37 to 38
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Karachi.
DATED:03/10/2012.
Advocate
for the Petitioner
IN THE HIGH COURT OF SINDH AT KARACHI
(Constitutional
Jurisdiction)
Constitution
Petition # -D- /2012
MUHAMMAD SALEEM
S/o Muhammad Hanif, Muslim, adult,
Presently posted as Secretary Union Council No. 7
Sharifabad
Liaqatabad Town,
Karachi. ………………………. 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 Report 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 Sind 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 malafidy 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) Declare that frequently
transfer and posting of the petitioner since 24-09-12, from one union council
to another is illegal, unlawful and colorful exercise of the respondents.
b) To direct the respondent not
to frequently transfer the petitioner as secretary union council presently
posted on 24-09-2012 as secretary union council-1, UC-7, Sharifabad Liaqatabad
Town.
c) Declare that the frequent
transfer of the petitioner by the respondent No. 3 is based on malafidely
without any reason is illegal without lawful authority.
d) 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: -10-2012. PETITIONER
Advocate for the Petitioner
VERIFICATION
I,
MUHAMMAD SALEEM S/o Muhammad Hanif, 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
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DOCUMENTS FILED
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Annexure “A” to “B”.
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DOCUMENTS RELIED UPON
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All Relevant Documents
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ADDRESS OF DEFENDANT
FOR SERVICE
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As Per Title Of
The Memo
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ADDRESS OF THE
COUNSEL
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Shafique Law Associates
608, 6th floor Tahir Plaza, Karachi.
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AFFIDAVIT IN SUPPORT OF
CONSTITUTION
PETITION UNDER ARTICLE 199
I, MUHAMMAD SALEEM S/o Muhammad Hanif, Muslim, adult, Persently posted as Secretary Union Council No. 7 Sharifabad Liaqatabad
Town,, Karachi, do hereby state on oath as under:-
1.
That I am
Petitioner in above titled Appeal and deponent of this affidavit, as such am
fully conversant with the facts of the matter deposed herein:
2.
That the
accompanying CONSTITUTION PETITION
UNDER ARTICLE 199 has been
drafted and filed under my express instructions and contents whereof are true
and correct and the same along with contents of the memo of plaint may please
be treated as part of this affidavit for the sake of brevity.
3.
That I say that
I have a good prima facie case, and balance of convenience lies in my favor and
until and unless accompanying application is granted as prayed I will be
seriously prejudiced and shall suffer irreparable loss.
4.
That I say that
whatever stated above is true and correct to the best of my knowledge and
belief.
Karachi.
Dated:
-10-2012.
Deponent ___________
CNIC
#. ______________
Mobile
No. _____________
Identified
by me
Advocate
APPLICATION
TO EXEMPT FILLING ORIGINAL
DOCUMENTS UNDER SECTION 151 CPC
On behalf of the
Petitioner, it is respectfully submitted that this Hon’ble Court may be pleased
to exempt the Petitioner from filling original documents/certified copies as
well as translation into english of the documents as the same are not available
as this juncture, therefore, allow him to file photocopies of the documents as
annexed.
Prayed accordingly in
interest of justice, equity and good conscience and shortage of time.
Karachi.
Dated: -10-2012. Advocate for the petitioner
AFFIDAVIT
I,
MUHAMMAD SALEEM S/o Muhammad Hanif, Muslim,
adult, Persently posted as Secretary Union Council No. 7 Sharifabad Liaqatabad
Town,, Karachi, do hereby state on oath as under:-
1.
That I am the
petitioner in the above matter, as
such am fully conversant with the facts
there of.
2.
That the
accompanying application under section
151, Code Of Civil Procedure has been
drafted and filed by my counsel under my specific instructions, contents there
in are true and correct to the best of my knowledge, information and belief.
3.
That certified
copies/original of annexed A, B and C
are not available to me and for this reason earnest request for
exemptions has been made by me.
4.
That for the
sake of brevity and in order to avoid duplication, I adopt the contents of
accompany application as integral part
and parcel of this affidavit and do not repeat the same.
5.
That I shall be
seriously prejudiced and shall suffer an irreparable loss, until accompanying
application is allowed.
6.
That whatever
stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: -10-2012.
Deponent ___________
CNIC
#. ________________
Mobile
No. ______________
Identified by me
Advocate
APPLICATION UNDER ORER XXXIX RULE 1 AND 2
R/W
SECTION 151 CODE OF
CIVIL PROCEDURE
On
consideration of the facts and grounds disclosed in the accompanying affidavit
and in the memo of petition , it is most respectfully prayed that this Honorable court may be pleased to
restrain the respondents, not to transfer the petitioner on politically basis frequently
from one union to another union council which evident that the petitioner
recently on,
24-09-2012, transferred as secretary union council-1, UC-7,
Sharifabad Liaqatabad Town , and now the
petitioner has apprehension that again he will be transferred after few days,
so, the petitioner may not be transferred, till final adjudication of the
captioned petition.
An ad-interim injunction is to be solicited
meanwhile in terms of main prayer in the greater interest of justice and
equity.
Karachi.
Dated: -10-2012. Advocate for the petitioner
AFFIDAVIT
I,
MUHAMMAD SALEEM S/o Muhammad Hanif, Muslim,
adult, Persently posted as Secretary Union Council No. 7 Sharifabad Liaqatabad
Town,, Karachi, do hereby state on oath as under:-
1. That I am the petitioner in the above matter, as am fully conversant with the facts there of.
2. That the accompanying application under order XXXIX
Rule 1 and 2 read with section 151, Code Of Civil Procedure has been drafted and filed by my counsel
under my specific instructions, contents therein are true and correct to the
best of my knowledge, information and
belief.
3. That I say that I have good prima facie case and
balance of convenience lies in my favor and there is likely hood that I shall win in this petition.
4. That for the sake of brevity and in order to avoid
duplication, I adopt the contents of accompany application as well as main
petition as an integral part and parcel of this affidavit and do not repeat the
same.
5. That I shall be seriously prejudiced and shall suffer
an irreparable loss, until accompanying application is allowed.
6. That whatever stated above is true and correct to the
best of my knowledge and belief.
Karachi
Dated: -10-2012. Deponent
CNIC
#. _______________
Mobile
No. _______________
Identified by me
Advocate
APPLICATION UNDER RULE IX CHAPTER III-A
VOLUME –V OF THE SINDH HIGH COURT RULES
On
behalf of the petitioner, it is respectfully submitted that this Hon’ble Court
may be pleased to treat this matter as urgent motion and hear the main petition on 0 .10.2012, as if immediate action is not taken, the respondent #. 3 will do more do anything which may be detrimental to the interest/rights
of the petitioner and the respondent No. 3 transfers 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 duty properly till disposal of this
Constitution Petition.
The
prayer is made most earnestly in the greater interest of Justice and equity.
Karachi.
Dated: -10-2012. ADVOCVATE FOR THE
PETITIONER
AFFIDAVIT
I, MUHAMMAD
SALEEM S/o Muhammad
Hanif, Muslim, adult, Presently
posted as Secretary Union Council No. 7 Sharifabad Liaqatabad
Town,, Karachi do hereby state on oath as under:-
1.
That I am
Petitioner in and deponent of this affidavit, as such am fully conversant with
the facts of the matter deposed herein:
2.
That the
accompanying APPLICATION UNDER RULE IX,
CHAPTER III-A, VOLUME –V OF THE SINDH HIGH COURT RULES has been drafted
and filed under my express instructions and contents whereof are true and
correct and the same along with contents of the memo of plaint may please be
treated as part of this affidavit for the sake of brevity.
3.
That I say that
I have a good prima facie case, and balance of convenience lies in my favor and
until and unless accompanying application is granted as prayed I will be
seriously prejudiced and shall suffer irreparable loss.
4.
That I say that
whatever stated above is true and correct to the best of my knowledge and
belief.
Karachi
Dated:
-10-2012.
Deponent ___________
CNIC #. ______________
Mobile No. ______________
Identified by me
Advocate
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