827/2024 Const. P. Mehboob Ali (Petitioner) V/S Province of sindh & others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-SEP-24
The right to life, as guaranteed by Article 9 of the Constitution, extends to the right to livelihood. This means that the petitioner has the right to earn a living. However, a respondent department can terminate the services of the petitioner if he fails in all respects, but only if it is done under the law, and the termination of service if any must follow established legal procedures and cannot be arbitrary or unfair. We are also equally conscious of the legal position that illegally gotten things cannot operate as a bar nor lapse of time could be made a reason to declare an ???illegality??? as ???legality??? but a suspicion alone shall not be sufficient to escape the requirement of ???due process??? because it is not whims or fancy of an executive functionary to deprive one of his right due process alone. Therefore, the respondents were/are not legally justified to withhold the posting order/joining letter of petitioner except after due process particularly when the respondents do not dispute or deny his appointment letter. A departure from ???due process??? resulting in taking away or infringing a fundamental right will be sufficient to entertain such a petition. Reference may be made to the case of Pir Imran Sajid & Ors v. MD /GM & Ors 2015 SCMR 1257.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.