2019 PLP (C (PLC(CS)N)

KHADIM HUSSAIN TUNIO, J.

This petition is directed against the Order No. SO-III(S&GAD)3-41/2016, dated 14.03.2016, issued by the Chief Secretary, Government of Sindh, Service, General, Administration and Coordination Department, whereby the services of the petitioner was placed under suspension.

2. It is alleged that the petitioner was a Senior Medical Officer serving under BPS-19 in Chandka Medical College and Hospital (CMCH). On 14.03.2016, an incident of mouse bite to two newly born babies took placed, due to which services of two doctors, including petitioner, was placed under suspension showing him as "Ward Incharge", vide order impugned in this petition. It is the case of the petitioner that he was not assigned the duties as "Ward Incharge" and his name was recorded by mistake or due to some personal grudge and in this regard he made applications to Secretary Health Department, Government of Sindh, on 19.03.2016 through Incharge Pediatric Medicine Unit-I, CMCH; so also through Medical Superintendent, CMCH vide letter dated 25.03.2016 but no heed was paid. Thereafter, he again vide letter dated 27.06.2016 sent along with inquiry report conducted by the Health Department, requested for his reinstatement but of no avail, hence finding no other alternate and efficacious remedy to redress his grievances, he maintained this petition with the following prayers: That, this Honourable Court may be pleased to direct the respondent No. 02 to re-instate the petitioner to his original position by recalling the particular suspension order issued by respondent No.03 vide order No. SO-III(S&GAD) 3-41/2016 dated: 14-03-2016 conveyed to the petitioner by the respondent No. 04 to be illegal unlawful, violation of law, mala fide null and void, without any justification and against the law of natural justice and cannot sustain.

3. Counsel for petitioner has contended that the petitioner was not the Ward Incharge as shown in the suspension order, which can be confirmed from hospital record and when the incident took place, it was not his duty day; that petitioner made many efforts and approached the respondents in order to redress his grievance, but no fruitful result has been achieved by the petitioner, though more than one year has been passed; that the order of suspension of the petitioner was illegal, unlawful, mala fide and without any justification and against the law of natural justice, hence prays for justice.

4. On the other hand, learned Additional Advocate-General, Sindh Counsel did not dispute the claim of the petitioner.

5. We have heard the learned counsel for the petitioner and learned Addl. A.G. and perused the record prudently.

6. It may be observed that the respondent No.4 did not deny the case of the petitioner for reinstatement, and has categorically stated in the comments that the petitioner was not responsible for the incident regarding two newborn babies being bitten by the mouse as per enquiry report. It also appears that petitioner has now retired after attaining the age of superannuation.

7. Accordingly, instant petition is allowed by setting aside the impugned suspension order holding that the petitioner shall be deemed to have retired on attaining the age of superannuation. His pension benefits and emoluments shall be calculated and paid accordingly within 30 days from the date of decision.

8. Above are the reasons of our short order, dated 29-11-2017. ZC/M-71/Sindh Petition allowed.