7103/2015 Const. P. Shakeel Ahmed (Petitioner) V/S Sect: Education and Ors (Respondent)

7103/2015 Const. P. Shakeel Ahmed (Petitioner) V/S Sect: Education and Ors (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 17-DEC-20

release his monthly salary--whether the salary of the petitioner can be withheld without providing an opportunity of hearing? --In our view, he, who seeks equity, must do equity and approach the Court with clean hands, ill-gotten gains cannot be protected. It is argued by the learned AAG that the petitioner had got his appointment through the backdoor, thus cannot agitate any grievance on the pretext of denial of due opportunity of hearing to him--we cannot determine the veracity of these documents, their claims, and counter-claims as these are disputed questions of facts between the parties, which cannot be adjudicated by this Court while exercising the Constitutional Jurisdiction and since the Competent Authority has already determined the genuineness or otherwise of the documents, claims, and counter-claims on the issue of appointment of non-teaching staff in the Directorate of School Education (Elementary/ Secondary / Higher Secondary Karachi), vide order dated 11.01.2019 on the subject as discussed supra, therefore, on the aforesaid plea the present petition filed by the petitioner cannot be maintained. On the issue of fake appointments in the department of the Government, we are guided by the pronouncement of the Judgment of the Honorable Supreme Court in the case of Government of Punjab through Chief Secretary and others V/S Aamir Junaid and others 2015 SCMR 74.