256/2025 Const. P. Hafeezullah (Petitioner) V/S Govt of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
256/2025 Const. P. Hafeezullah (Petitioner) V/S Govt of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 24-JAN-25
It is well-settled that the civil servants must first pursue internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she can then approach the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for the department to act has already expired. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Dr. Sayyid A.S. Pirzada v. The Chief Secretary, Services and Administration Department, etc (2023 SCMR 1087). 7. In view of the above facts and circumstances of the case, petitioner can approach the Sindh Service Tribunal against the impugned order dated 05.1.2024 and it is for the learned Sindh Service Tribunal to take decision in terms of law laid down by the Supreme Court in the case of Dr. Sayyid A.S. Pirzada (supra). 8. This petition stands disposed of in the above terms alongwith listed applications.