Syed ASGHAR ALI SHAH vs PROVINCE OF SINDH through Secretary Local Government Department Government of Sindh at Karachi S — 2022 CLC 442 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 442 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: Syed ASGHAR ALI SHAH vs PROVINCE OF SINDH through Secretary Local Government Department Government of Sindh at Karachi S
Subject matter: Constitutional
Provisions referred to: S. 120

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed ASGHAR ALI SHAH VS PROVINCE OF SINDH through Secretary Local Government Department Government of Sindh at Karachi S.120(3)---Corruption and corrupt practices---Suspension---Petitioner was Chairman Municipal Committee who was suspended from the post on the allegations of misconduct and corruption---Validity---In law suspension was not defined as punishment and did not finally determine the matter---Sole purpose of suspension was that the person against whom severe allegations of misconduct, flagrant abuse of powers and disgraceful conduct was levelled could be restrained from causing further damage to finances of the institution---Suspension order was interim in character and did not attain any finality---Against adverse result of inquiry, if any, petitioner had the remedy of appeal and in presence of such adequate remedy, High Court at such juncture declined to step in to declare the suspension of petitioner illegal and void on the ground that order of suspension was not passed by competent authority---Objection of petitioner on his suspension was technical and procedural---Petitioner was facing allegations of corruption and in such circumstances, High Court refrained to exercise discretion in his favour and thwart the whole process of inquiry against him and set aside his suspension on any of the technical ground---Such would amount to interfering in the right of authority to inquire into allegations against petitioner---Petitioner was not prejudiced by his suspension---Constitutional petition was dismissed, in circumstances.

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