| Case ID |
5c8b41dc-7341-40a8-84f0-47441bcd7d65 |
| Body |
View case body. Login to View |
| Case Number |
D-231 of 2009 |
| Decision Date |
Mar 16, 2009 |
| Hearing Date |
|
| Decision |
The petition was allowed, declaring the inquiry initiated by the District Coordination Officer (DCO) as without lawful authority and of no legal effect. The court found that the inquiry against the petitioner was not appropriately assigned, and the matter should have been adjudicated by an inquiry committee, not the DCO. The court emphasized that even if there were substance to the allegations, due legal procedures must be followed. The action against the petitioner was deemed to be motivated by mala fides, aiming to remove him from office without proper justification. The decision reinforced the importance of adhering to legal protocols in administrative inquiries. |
| Summary |
This case revolves around a constitutional petition filed by Muhammad Aslam Rahu, the elected Taluka Nazim of Taluka Fazal Rahu, challenging an inquiry ordered by the Chief Minister of Sindh through the District Coordination Officer (DCO). The inquiry was based on allegations of corruption and misuse of authority, which were claimed to be politically motivated. The Sindh High Court found that the inquiry was improperly assigned to the DCO and should have been conducted by a designated inquiry committee. The court ruled that the actions against the petitioner were unconstitutional and declared the inquiry proceedings null and void. This case highlights the legal framework governing local government operations in Sindh and the necessity for lawful procedures in administrative inquiries. Key laws referenced include the Constitution of Pakistan and the Sindh Local Government Ordinance, which outline the roles and responsibilities of local government officials and the proper channels for conducting inquiries. The decision underscores the protection of elected officials from unlawful actions that may stem from political rivalries. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. QAISER IQBAL,
ARSHAD SIRAJ MEMON
|
| Lawyers |
Naeem Iqbal,
Shafi Muhammad Memon, Addl. A.-G.
|
| Petitioners |
MUHAMMAD ASLAM RAHU
|
| Respondents |
PROVINCE OF SINDH through Chief Secretary and 3 others
|
| Citations |
2009 SLD 556,
2009 CLC 852
|
| Other Citations |
Muhammad Shahid Alam v. The Provincial Local Government Commission and others 2004 MLD 2010
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Local Government Ordinance (XXVII of 2001)
|
| Sections |
199,
197,
128,
129,
130,
131,
132,
133,
18,
54,
51,
62,
63
|