PROVINCE OF SINDH and others vs Syed AFTAB ALI SHAH
This matter arises from a petition for leave to appeal filed by the Province of Sindh against the judgment dated 20-6-2011 of the Sindh Service Tribunal at Karachi, which had set aside orders dated 29-10-2009 and 18-1-2010 while restoring an earlier order dated 15-10-2009 in favour of the respondent. The core legal question concerns the legality and propriety of the Tribunal's judgment and the restored order, particularly regarding the exercise of powers to relax rules on a one-time basis for hardship cases under police rules. The Supreme Court granted leave to appeal to examine the legality and propriety of the impugned judgment and the restored order. The key principle laid down relates to the proper exercise and judicial review of discretionary hardship relaxations granted by competent authorities under applicable service and police rules.
- Whether the Sindh Service Tribunal lawfully set aside the departmental orders in favor of the respondent?
- Can service rules be relaxed on a one-time basis to alleviate individual hardship?
- What is the scope of review regarding orders passed under rule relaxation provisions?
ORDER
' ANWAR ZAHEER JAMALI, J.---Learned counsel for the petitioners contends that by impugned judgment dated 20-6-2011, the Sindh Service Tribunal at Karachi has set aside order dated 29-10- 2009 and the appellate order dated 18-1-2010, thereby restoring the earlier order dated 15-10-2009 in favour of respondent, which in itself contained following observations:-- "This should not be quoted as precedent by the other officers of Prosecution Branch and this order is made on one time basis under the powers vested to PPO Sindh under P.R.
12.43 and 13.20 (Hardship case). Rule 12.43 reads as under:- "Any of the Rules contained in this Chapter, may for reasons to be recorded in writing be relaxed in individual cases if the competent authority is satisfied that a strict application of the rule would cause hardship to the individual concerned."
2. In view of this position, we deem it appropriate to grant leave to appeal in this case to examine the legality and propriety of the impugned judgment of the Tribunal as well as the order dated 15- 10-2009, which has been restored thereby, .