1. AJMAL MIAN, C.J.--On 16-1-1989 when the above case had come up for hearing, Mr. Sanaullah Qureshi learned counsel for the respondent No, 1 had produced a photostat copy of an order dated 15-1-1989 passed by the Additional Chief Secretary, Housing Town Planning, Government of Sind, suspending the petitioner from service. It was pointed out by the learned counsel for the petitioner that this has been done in spite of order dated 4-1-1989, passed by a Division Bench of this Court in the above petition ordering that the petitioner will not be disturbed till 16-1-1989. It may be observed that the petition was filed impugning the order dated 13-12-1988 ordering the transfer of the petitioner. The above interlocutory order was passed in the context of the said order of transfer.
2. We wanted to be satisfied whether the order of suspension has been passed in violation of the Court order and, therefore, we directed the respondent to produce the record of the department in respect of the petitioner. In response to the above direction Mr. Abdul Hafiz Lakho, Advocate- General who was present yesterday brought the record of the Government Department, whereas the Advocate for the respondent No, 1, Mr. Muhammad All Gardezi who is a Municipal Commissioner of the respondent is also present in person.
3. From the record, it seems that the Chairman of the respondent on 28-12-1988 made a reference to the Additional Chief Secretary, Housing Town Planning, Local Government and Rural Development Department, Government of Sind, Karachi alleging therein certain irregularities allegedly committed by the petitioner and requesting for the suspension of the petitioner. A copy of the above letter was filed by respondent No, 1 alongwith their counter-affidavit, which was filed in the Court on 4-11-1989 before the passing of the aforesaid interim order. It appears that upon the above reference the Additional Chief Secretary had passed the above suspension order. The Additional Chief Secretary or the Provincial Government was not a party to the above proceeding.
4. From the record prima facie, it seems that the above reference has not been made after the passing of the above interim order and the suspension order has been passed on the basis of the above reference which was already pending with the Additional Chief Secretary. It may be stated that according to Mr. Abdul Hafiz Lakho, Advocate-General Sind, the above suspension order has been issued upon the passing of the order by the Minister concerned.
5. We are of the view that no contempt is involved. However, Mr. Muhammad All Sayeed, learned counsel for the petitioner submits that he will file an amendment application for amending the petition suitably. In view of the above development, he may file the same which will be considered in accordance with law.