50/2022 Const. P. Syed Aftab Ahmed (Petitioner) V/S NIRC and Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
50/2022 Const. P. Syed Aftab Ahmed (Petitioner) V/S NIRC and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 16-APR-26
In view of the foregoing, this Court finds that the respondent has failed to demonstrate any legal or factual infirmity in the reasoning of the learned Single Member NIRC warranting complete reversal. The impugned judgment, to the extent it sets aside reinstatement, suffers from misapplication of principles of fair trial, improper appreciation of evidence, and failure to consider the doctrine of proportionality in service jurisprudence. 20. Consequently, petition is allowed and the impugned judgment dated 21.12.2021, cannot be sustained in law. The findings of the learned Single Member dated 04.08.2020 are based on proper appreciation of the record and settled legal principles and are accordingly affirmed, with modification that the denial of back benefits is set aside and the petitioner is held entitled to consequential monetary benefits in accordance with law. It is, however, noted that during the pendency of the present proceedings, the petitioner has attained the age of superannuation on 31.01.2025, therefore reinstatement shall be treated as having run its course for all legal and monetary purposes.