WAHID BUX BROHI, J.--- The petitioner was serving as OG-Warder in District Jail Jacobabad and was posted in Division No. 2 of the said -jail. A prisoner made his escape good from Division No. 1, as a result, actions were taken against others and show-cause notice was issued to the petitioner also for the act of negligence and carelessness in performing duties. He submitted his reply and he was heard in person also, whereafter Inspector General Prisons, Sindh by. Order dated 27.3.2000 held that the reply of petitioner was unsatisfactory and dismissed him from Government service with immediate effect under Rule 4(b)(v) of Sindh Prisons Department (Efficiency and Discipline)
Rules, 1999. Against this order, the petitioner preferred an appeal but he was informed through letter dated 20.1.2001 that Secretary to Government of Sindh has rejected his appeal. He has challenged both the orders, through this petition, inter alia, on the ground that neither reasons have been recorded nor a speaking order has been passed by the authorities concerned. The Hon'ble Supreme Court in the cited case similar (sic) the following observations:- ".... But in many other cases we have been seen that the rejection is the simple ritualistic rejection.
Even if it ' is not a mandate by any law that the officer concerned should be informed about .The reasons which prevailed with the authority concerned, it would not be illegal ether to give reasons; at least, from now onward. It being the judgment this Court on this legal question, the same would be observed as declared law.
3. It may also be pointed that the above orders was passed before insertion of Section 24-A in the General Clauses Act, 1897. Now after introduction of the aforesaid provision of law recording of reasons has turned to be a statutory requirement. The said section reads as under:- "24-A. Exercise of power under enactments.-- (1) Where, by or under any enactment, a power to make any order or give any direction is conferred on any authority, office or person such power shall be exercised reasonably, fairly, justly and for the advancement of the purposes of the enactment.
(2) The authority, office or persons making any order or issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, given reasons for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially."
4. It was a declared law as observed by the Honourable Supreme ,Court and now there is statutory requirement calling fir recording of reasons but the same have been ignored. We are constrained to observe that the legal provisions have been violated. Both these orders therefore, cannot be sustained on account of this legal infirmity and are hereby set aside. The matter is remanded to Inspector General Prisons Sindh to pass fresh order strictly in accordance with law. Petition is disposed in above terms.