ABDUL HAKEEM Versus The SECRETARY, EDUCATION AND LITERACY DEPARTMENT GOVERNMENT OF SINDH
ORDER
ADNAN-UL-KARIM MEMON, J.--- The Petitioner claims to be the Civil Servant and his case falls within the ambit of Sindh Servant Act, 1973. The Petitioner has filed the instant Constitutional Petition under Article 199 of the Constitution, seeking the following directions as under:- a. To set aside the impugned Scrutiny Performs Order and further direct the Respondents to release the salaries of the Petitioner as SLT (BPS-15) with all back benefits as the Petitioner is still performing his duties properly, punctually and perfectly. b. To direct the Respondents not to harass the Petitioner from performing the duties and injunction may kindly be granted under Section 151, C.P.C. and Rule 39 till final order. c. To direct the Respondent No.2 not to discriminate the Petitioner and give same treatment as given to one Mr. Asif Baluch. d. The Petition may kindly be allowed. e. To direct the Respondent No.1 Departmental Appeal may kindly be directed. f. Any other relief which this Honourable Court may deem fit and proper in the circumstances of the case to be granted.
2. The case of the Petitioner is that he being aggrieved and dissatisfied with the impugned Scrutiny Performa Order, had filed Service Appeal bearing No.2305/2016 before the learned Sindh Service Tribunal, at Karachi. The learned Sindh Service Tribunal, at Karachi vide order dated 15.12.2016 dismissed the Appeal of the Petitioner on the ground that the Departmental Appeal filed by the Appellant remained undecided by the Competent Authority and the Appellant chosen to file the Service Appeal on 05.11.2016, which is beyond the period as provided under section 4 of the Sindh Service Tribunal Act, 1973. Thus dismissed the Appeal being time barred.
3. It is, inter-alia, contended by the Petitioner, who is present in person, that impugned order as passed is illegal and the same has been issued without examining any record of the Petitioner. Per Petitioner, he had produced entire record with regard to the educational requirements and he has been performing his duties very diligently and the salaries may be issued to him. Per the Petitioner, the report of the Scrutiny Committee is vague and baseless, as the educational documents of the Petitioner have not been verified with the Official record. It is further contended by the Petitioner that his appointment is purely on merits fulfillment of all codal formalities.
4. We have heard the Petitioner, present in person, and perused the entire material available on record.
5. We cannot dilate upon the merits of the case and we are cognizant of the fact that this Court has no jurisdiction under Article 212 of the Constitution to entertain Constitutional Petition under Article 199 of the Constitution. Reliance is placed on the case of Contempt Proceedings against the Chief Secretary Sindh reported in 2013 SCMR 1752 and Ali Azhar Khan Balouch v. Province of Sindh reported in 2015 SCMR 456.
6. In view of the above facts and circumstances of the case, we are clear in our mind that the instant petition cannot be entertained by this Court under Article 199 of the Constitution, as there is clear bar of jurisdiction under Article 212 of the Constitution. Consequently, the instant petition being misconceived is hereby dismissed in liming along with listed applications. However, the Petitioner is at liberty to seek his remedy available to him under the law.
ZC/A-32/Sindh Petition dismissed.