GHULAM GHOUS MINAI vs PROVINCE OF SINDH through Secretary Government of Sindh College Education R

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GHULAM GHOUS MINAI VS PROVINCE OF SINDH through Secretary Government of Sindh College Education R. 2---Constitution of Pakistan, Arts. 199 & 212---Civil service---Constitution petition---Maintainability---Relieving from the post---Petitioner assailed the order/letter whereby he was relieved from his post and directed to report to the office of Director Colleges---Validity---Record showed that despite of the reports of continued absence from duty, misconduct at the place of job, harassment complaints by the academic staff and students no action was taken against petitioner---Said fact reflected the weak functioning of the College Education Department, an institution pivotal to the academic uplift of the province---Court could not ignore such a critical situation happening in the Educational Institutions---Principals of all the colleges wherever petitioner worked sent serious reports of his misconduct but could not succeed in getting the required attention from the officers in the hierarchy and at the helm of affairs---Such gloomy and sad state of affairs had led to the inference that the college education department lacked the services of efficient and decision-making managers---Record showed that petitioner was absent from his new duty for the last about one year and no action in that regard was taken by the Department---Prosecutor was also not able to explain that attitude of indifference by the Department to put vigilance on its employees---Allegedly, no action was taken against the petitioner as that petition was pending adjudication---No force was found in the said stance of prosecutor as the restraining order was not passed by the High Court, hampering the process of law to take its' due course---Respondents might have initiated the disciplinary proceedings against the petitioner in accordance with law and rules under such a situation---Mere pendency of a lis before Court would not in any manner debarred the department from initiation of the disciplinary proceedings unless so specifically ordered---Petitioner was a civil servant and he would not get the place of duty of his choice but he was under a statutory liability to perform duties at the place where his services were required by the Department---Respondent No. 6 being the principal of the college was head of the institution, he was saddled with a responsibility to regulate the college business in a manner to maintain hygienic educational atmosphere for teachers and students---Said respondent was empowered to retain the services of any employee in the interest of the institution and at the same time he might relieve the services of any miscreant employee as had been done in the instant case---Any action taken by the principal of the college regarding transfer or relieving of any employee would fall under R. 9 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Petitioner was guilty of misconduct defined in R. 2 of the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, therefore he was rightly relieved from the College to keep academic atmosphere up to the mark---Matter in essence involved the terms and conditions of the service of the petitioner, and the remedy available to the petitioner was to file a departmental appeal/Service Appeal before the appropriate fora---Writ jurisdiction of the High Court was not available in view of the bar contained under Art. 212 of the Constitution---Constitution petition was dismissed, in circumstances.

GHULAM GHOUS MINAI vs PROVINCE OF SINDH through Secretary Government of Sindh College Education R — 2025 PLC(CS) 1324 KARACHI-HIGH-COURT-SINDH

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