5602/2020 Const. P. Bilal Mirza (Petitioner) V/S Province of Sindh and Others (Respondent)

5602/2020 Const. P. Bilal Mirza (Petitioner) V/S Province of Sindh and 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: 26-MAY-25

The respondents' actions in this case appear negligent and reckless. It seems the departmental inquiry was intentionally skipped, creating procedural loopholes to technically benefit the petitioner. Remanding this case for a new inquiry now seems futile. Given the petitioner???s past conduct, a new inquiry would likely be a mere formality, potentially leading to the petitioner's reinstatement with full back benefits, effectively nullifying the punishment. After such a significant time lapse, an inquiry would not serve any constructive purpose by the order of this court. However, since the petitioner was removed with a stigma and seemingly denied a proper chance to present his defense, he is free to apply to the competent authority for a revival of proceedings from the beginning, following due legal process. If the respondents have concrete evidence against the petitioner, the law shall be followed in the strict sense; however, the competent authority, before deciding on the subject proposition, shall hear the petitioner without fail. The respondents shall also look into the decision of the Supreme Court. This exercise must be undertaken within three months. 8. This petition is disposed of in terms of the decision of the Supreme Court in the case of Senior Superintendent of Police Vs Shahid Nazir 2022 SCMR 327.