ASHFAQUE ALI vs DISTRICT AND SESSIONS, JUDGE KAMBER SHAHDADKOT S — 2026 PLC(CS) 29 KARACHI-HIGH-COURT-SINDH |

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ASHFAQUE ALI VS DISTRICT AND SESSIONS, JUDGE KAMBER SHAHDADKOT S.21---Locus poenitentiae, principle of---Scope---Provision of S. 21 of General Clauses Act, 1897, provides a statutory basis for revisiting prior administrative orders---Power to issue orders includes power to amend, vary, or rescind them, provided such exercise is undertaken in the same manner and subject to the same conditions as the original order---Provision of S. 21 General Clauses Act, 1897 empowers competent authority to reopen a matter where new and credible evidence emerges, especially in fraud or misrepresentation cases. Citation Name: 2026 PLC(CS) 29 KARACHI-HIGH-COURT-SINDHBookmark this Case ASHFAQUE ALI VS DISTRICT AND SESSIONS, JUDGE KAMBER SHAHDADKOT art. 199---Employee of District judiciary---Disciplinary proceedings---Show-cause notice, assailing of---Constitutional petition--Maintainability---Petitioner was alleged to have secured employment on the basis of forged documents---Petitioner assailed final show-cause notice issued to him by authorities during departmental disciplinary proceedings---Validity---Show-cause notice, whether initial or final, was not amenable to Constitutional jurisdiction unless it was shown to be a nullity in law---Issuance of show-cause notice was a procedural step intended to afford the employee an opportunity to explain his conduct and did not by itself constitute adverse determination of rights---Constitutional Courts do not sit as appellate forums over departmental inquiries---Petitioner was to exhaust remedies available under service rules, including right to reply, personal hearing and appeal, when the adverse order was passed---Premature judicial intervention undermined disciplinary framework and set a deleterious precedent for circumventing lawful accountability---Mere show-cause notice filed at a stage when no final determination had been made, failed to meet threshold of maintainability under art. 199 of the Constitution---High Court declined to interfere in the matter as it was premature, misconceived, legally deficient and factually unsubstantiated---High Court directed the competent authority to proceed with the disciplinary inquiry strictly in accordance with the law, ensuring due process and affording petitioner a fair defence opportunity---Constitutional petition was dismissed accordingly.

ASHFAQUE ALI vs DISTRICT AND SESSIONS, JUDGE KAMBER SHAHDADKOT S — 2026 PLC(CS) 29 KARACHI-HIGH-COURT-SINDH

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