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7604/2018 Const. P. Syed Shoaib Hussain Zaidi (Petitioner) V/S NIRC and Ors (Respondent)

Sindh High Court2020

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

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7604/2018 Const. P. Syed Shoaib Hussain Zaidi (Petitioner) V/S NIRC 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: 24-FEB-20

petitioner has assailed order dated 12.9.2018, passed by respondent-Karachi Electric (K.E) whereby he was dismissed from service on the charge of misconduct--assailed the same before NIRC--There is no cavil to what the respondent-K.E says to the extent that case of the petitioner should be decided by the appellate forum i.e. Full Bench of NIRC, if petitioner approaches them with an application for condoning the delay in filing of the case before the NIRC. On the aforesaid proposition, we are fortified with the decision dated 11.06.2019 rendered by the Hon'ble Supreme Court in Civil Appeal No.1007 of 2019--We, in the circumstances, dispose of this petition with no order as to costs with the observation that if petitioner approaches the competent / appellate forum against the impugned orders passed by the respondents, the same shall be decided in accordance with law and the question of limitation, if any, shall also be dealt with in accordance with law and keeping in view the grounds to be urged by the petitioner for condoning the delay.

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