1. ' IMAM ALI G. KAZI, J.---The Government of Sindh on the complaint of one Abdur Rashid Khan, a member of the Saadabad Cooperative Housing Society directed the Managing Director, Sindh Cooperative Housing Authority, Karachi to conduct an enquiry into the allegations of "mismanagement, illegalities and irregularities" committed in running the affairs of the Society and involvement of its office-bearers in the contracts awarded by the Society. Pursuant to such direction the Managing Director of the Sindh Cooperative Housing Authority by his letter dated 22- 8-1990 (Annexure D-1 to the petition) required the petitioners, the Saadabad Cooperative Housing Society, to keep the record of the Society available in their office on 27th August, 1990 for the purpose of holding the enquiry. This letter was followed by the show-cause notice dated 23rd September, 1990 addressed to the Secretary of the Society by the Secretary to the Government of Sindh, Food and Cooperation Departments requiring them to show cause why the management of their society be not taken over by the Sindh Cooperative Housing Authority. The petitioners by their letter dated 2nd October, 1990 (Annexure "W" of the petition) offered their explanation to the allegations contained in the show-cause notice. The petitioners then filed the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 impugning the letter and the show-cause notice referred to hereinabove.
2. ' Mr. Umer Yousuf Deda, Advocate for the petitioners strenuously argued that both the letter and the show-cause notice have been issued without any lawful authority by the respondents and are mala fide as the allegations contained therein were earlier enquired into by the department and the petitioners were found to be not guilty of the said charges. According to him the second enquiry on the basis of same accusations cannot be allowed to proceed the same having been repeated due to mala fide reasons. He, however, very frankly conceded that the particulars of mala fides have not been stated in the petition itself while reference is made in prayer clause only.
3. ' Mr. Abdul Ghafoor Mangi, the Additional Advocate-General, Sindh contended that the petitioners have in haste approached this Court merely on the basis of a show:cause notice. The petition therefore, is not only premature but incompetent as well. He further stressed that the petition has been filed to prolong the proceedings. He, however, gives an undertaking that any date may be fixed by this Court for appearance of the petitioners before the enquiry officer and the enquiry officer wilfully hear them on all the points that they have raised. in this petition or they may wish to raise subsequently in accordance with law.
4. ' Mr. Mehmoodi, Advocate for thi respondent No,4 referred to the cases reported in 1988 CLC 1565, 1988 MLD 95, NLR 1988 C L J 407 to point out that the present petition is not competent.
5. We find that the petitioners after the receipt of the show-cause notice actually filed their explanation and immediately thereafter they rushed to this Court and filed the present petition. The petitioners after submitting to the jurisdiction of the enquiry officer ought to have waited for his orders. In case they felt aggrieved by order that might have been passed by the enquiry officer the petitioners could have sought relief according to law. Besides the Additional Advocate-General Sindh has given an undertaking reproduced above that the petitioners will be free to raise all the points before the Secretary to Government of Sindh, Food and Cooperation Departments and the points so raised shall be dealt with by him strictly in accordance with law. This should dispell all the apprehensions cherished by the petitioners.
6. ' The Chairman or the Secretary of the petitioner's Society shall appear before the Secretary to Government of Sindh, Food and Cooperation Departments in his office, situated on the 4th floor, New Secretariat Building on 22nd June, 1992 at 11-00 a.m. when according to the undertaking given by the Additional Advocate-General, Sindh, the petitioners shall be heard fully on all possible pleas which they may raise.
7. ' The petitioners if they so choose shall be permitted to be represented by an authorised advocate.
8. ' Syed Shabbir Ahmed, Secretary of the petitioner Society is present and states that the Society has not allotted any plot after 1985 to any body although certain plots are available for allotment to its members. He undertakes that the Society shall not allot any of the available plots till the matter is decided by the Secretary to the Government of Sindh, Food and Cooperation Departments.
9. ' For the foregoing reasons the petition stands disposed of as indicated above with no order as to the costs.
10. ' Since the main petition is decided as above the three miscellaneous applications fixed for hearing have become infructuous.