1356/2025 Const. P. Gul Zada (Petitioner) V/S NIRC and Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Zulfiqar Ali Sangi
Order Date: 15-APR-26
In view of the foregoing reasons, it is noticed that both impugned orders suffer from procedural impropriety, violation of natural justice, and failure to exercise jurisdiction in accordance with law. Consequently, the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, is rightly invoked. 20. Accordingly, this Constitutional Petition is allowed, and it is hereby ordered that the order dated 31.12.2024 passed by the learned Single Member, NIRC, dismissing the grievance petition of the petitioner, is declared illegal, unlawful, and of no legal effect for having been passed in violation of the principles of natural justice. The order dated 20.02.2025 passed by the learned Full Bench of NIRC, is also unsustainable, as it failed to rectify the jurisdictional and procedural defects in the order of the Single Member. Both impugned orders are set aside, and the matter is remanded to the learned Single Member of NIRC, for decision of Grievance Petition No. 48(139)/2024-K on merits, after affording due opportunity of hearing to all parties and, if necessary, after recording evidence regarding the petitioner???s date of birth. The learned Single Member is directed to decide the grievance petition expeditiously, preferably within a period of three months from the date of receipt of this order. Until the final decision of the grievance petition, the respondents No. 2 and 3 are restrained from taking any adverse action against the petitioner on the basis of the disputed date of birth. However, there shall be no order as to costs.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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