649/2013 Const. P. Mst. Sahib Khatoon (Petitioner) V/S Province of Sindh & others (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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649/2013 Const. P. Mst. Sahib Khatoon (Petitioner) V/S Province of Sindh & others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Muhammad Iqbal Kalhoro, Senior Puisne Judge, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 22-JAN-19 Petitioner being aggrieved by and dissatisfied with the non -action by the alleged Contemnors, filed an Application (CMA 14152/2015)under Article 204 of the Constitution, praying therein to initiate the Contempt Proceedings against the alleged Contemnors. The alleged Contemnors have filed statements showing compliance of the order dated 10.9.2015, passed by this Court with the assertion that they offered the post of Balder in BS-1 to the son of the Petitioner, Contempt Proceedings is always between the Court and the alleged Contemnor, thus its scope cannot be enlarged. the post of Field Assistant under Rule-10-A & 11-A of Sindh Civil Servant , for the simple reason that the aforesaid post can only be filled as per recruitment Rules. The explanation offered by the Respondents vide (CMA 14152/2015),prima facie, is tenable under the law as the Petitioners son was offered the post of Beldar in BS-1 by the Respondents in compliance of order dated 10.9.2015 passed by this Court; but the same was refused by the Petitioners son. we are satisfied with the explanation offered by the alleged Contemnors that substantial compliance of the order dated10.9.2015 passed by this Court has been made in its letter and spirit, therefore at this juncture, no case for initiating Contempt Proceedings is made out against the alleged Contemnors. Thus, we are not minded to proceed with any further on the listed application searing , having no merits, are accordingly dismissed.
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