IN THE HON’BLE SUPREME COURT OF PAKISTAN

C.P.L.A. No. of 2020.

Muhammad Panah son of Wali Muhammad

Muslim, adult, by caste Kalhoro,
R/o Shah Baharo Colony, Larkana.

------ Appellant.

Versus

1. District & Sessions Judge, Larkana.

2. Senior Civil Judge-II, Larkana.

3. The State.
------ Respondents.

CIVIL PETITION FOR LEAVE TO APPEAL

UNDER ARTICLE 185(3) OF THE
CONSTITUTION OF ISLAMIC REPUBLIC
OF PAKISTAN 1973.

The appellant above-named most respectfully submits as under:-

1. That, appellant is a law-abiding, respectable and bona fide citizen

of Pakistan.

1. That, appellant was initially posted as unpaid Copyist from

31.10.1996 to 22.3.2005 in the District & Sessions Court, Larkana. After

contesting in the requisite competitive examination/test and interview, the

appellant was duly appointed as Junior Clerk in BPS-05 on 22.3.2005 in the

District & Sessions Court, Larkana vide Order No.Order/Clerk/Esstt:/2816,

dated 22.3.2005.

2. That, on his appointment as Junior Clerk, the appellant after

complying with all the requisite formalities of Medical Fitness etc. was posted in

the Court of 2nd Senior Civil Judge, Larkana, vide Office Order No.2768, dated

26.3.2005, where he joined his duty on the same date.

3. That, vide letter No.3544, dated 15.4.2005 the Departmental

Examination of the subordinate staff for the year 2005 was scheduled to be held

by the then learned District & Sessions Judge, Larkana from 25.4.2005 to

26.4.2005 and through the said letter, the names of the subordinate staff, who

intended to appear in the said departmental examination were called.

4. That, the learned 2nd Senior Civil Judge, Larkana vide his letter,

dated 16.4.2005, without consent of the appellant proposed the name of the

appellant for such examination, despite the fact that the appellant was new

entry having only 20/21 days of service, which was against the rule of propriety.

5. That, on 26.4.2005 the departmental examination was held,

wherein the appellant and his another colleague/junior clerk participated. At

about 1000 hours the learned the then District & Sessions Judge, Larkana

picked up the appellant and expelled him out from the examination hall with

allegation of using unfair means in solving the paper and directed him to go

back to his office and perform his duty. The appellant went to his office in the

Court of 2nd Senior Civil Judge, Larkana. After that, on the same day i.e.

26.4.2005 while the petitioner was awaiting outside the Court of learned the

then District & Sessions Judge, Larkana, he received message that his little son

while playing in the street in front of his house situated at Shah Baharo Colony,

Larkana town had gone missing, as such, the petitioner went out of senses and

approached his immediate boss i.e. the then learned 2 nd Senior Civil Judge and

sought leave, which was declined on the ground that appellant was having only

service of less than a month and advised the appellant to approach the then

learned District & Sessions Judge, Larkana. The appellant then approached the

learned the then District & Sessions Judge, Larkana, who also declined the

request of the appellant on the same ground of short service of the appellant

and asked the appellant to put his signature over a blank paper, which was

subsequently used as resignation of the appellant. The said blank paper was

signed by the appellant under duress without any knowledge that the same

shall be used by the then learned District & Sessions Judge as his resignation.
6. That, after that, the son of the appellant was traced out on the

same day, hence on the next day i.e. on 27.04.2005 the appellant submitted an

application to the learned the then District & Sessions Judge, Larkana seeking

withdrawal of his earlier so-called resignation, as he was no more in need of

any leave, but he was asked to wait and then his application was not granted

for a long time.

7. That, thereafter, on 27.4.2005 the learned 2nd Senior Civil Judge,

Larkana vide letter No.806, dated 27.4.2005 relieved the appellant from his

duties mentioning that his resignation was accepted and his services were

terminated by the learned District & Sessions Judge, Larkana (Mr. Azam Anwar

Baloch).

8. That, the appellant on receiving such relieving letter was very

shocked, as he had not submitted any resignation and only his signature was

obtained by the then learned District & Sessions Judge, Larkana on a blank

paper, therefore, on the same day i.e., 27.4.2005 the appellant approached the

learned District & Sessions Judge, Larkana (Mr. Azam Anwar Baloch)

personally and tendered apology and also requested for supply of copy of

so-called resignation and order passed thereon, but no heed was paid to his

request.

9. That, it is surprising and unbelievable that on 26.4.2007 the

appellant was available in the examination hall and on the same day he

tendered his resignation without any reason and that too directly to the learned

District & Sessions Judge and not through his immediate boss i.e., II-Senior

Civil Judge, Larkana. Therefore, such resignation, if any, was carrying no value

or weight in the eyes of law, but all this was the result of the personal grudge of

the then learned District & Sessions Judge, Larkana (Mr. Azam Anwar Baloch).

10. That, after 27.4.2005, the appellant kept on approaching the then

learned District & Sessions Judge, Larkana (Mr. Azam Anwar Baloch)

personally and by moving applications for his reinstatement in service, but all

the time the appellant was kept on hopes and lastly on 17.10.2007 the appellant
made an application to then learned District & Sessions Judge, Larkana

(Mr.Azam Anwar Baloch) for his reinstatement in service, but to no avail.

11. That, the appellant had never tendered any resignation either

directly to the then learned District & Sessions Judge, Larkana, or through II-

Senior Civil Judge, Larkana, where he was performing duties at the relevant

time, but all this was done by the then learned District & Sessions Judge,

Larkana (Mr. Azam Anwar Baloch) due to some personal grudge and the act of

termination of services of the appellant by the then learned District & Sessions

Judge, Larkana (Mr. Azam Anwar Baloch) and relieving the appellant by the

learned 2nd Senior Civil Judge, Larkana, showing acceptance of so-called

resignation is contrary to law, without lawful justification and against the

principles of natural justice.

12. That, despite several approaches, the learned District & Sessions

Judge, Larkana did not supply the copies of so-called resignation of the

appellant and order of removal from service passed on the same by the learned

District & Sessions Judge, Larkana, but the same were not being supplied so as

to enable him to file appeal against such order.

13. That, the appellant was all the time kept on promises and hopes

by the learned District & Sessions Judge, Larkana that enquiry into the matter

will be conducted and then he will be reinstated, but neither any enquiry was

conducted nor the copies of so-called resignation and order passed thereon

were supplied to the appellant, hence the appellant filed C. P. No.D-235/2008

before the Hon’ble High Court of Sindh, Circuit Court, Larkana, which was

dismissed in limine with directions that the appellant should approach the

Service Tribunal having jurisdiction.

14. That, the appellant then filed Service Appeal No.06/2008 before

the Sindh Judiciary Service Tribunal of the High Court of Sindh, Karachi, which

was dismissed vide order dated 12.01.2013.

15. That, thereafter, the appellant challenged the order dated

12.01.2013 of Sindh Judiciary Service Tribunal, Karachi by filing C. P. No.D252

of 2013 before the Hon’ble High Court of Sindh, Circuit Court, Larkana, which

was dismissed by short order dated 11.11.2019 and the detailed reasons

whereof have been received on 19.10.2020.

14. That, in view of the above-stated facts and circumstances,

appellant has got no other alternative expeditious and efficacious remedy, but

to invoke the Jurisdiction of this Hon’ble Court.

Hence this civil petition for leave to appeal, on the following

grounds.

G R O U N D S.

(1) That, the appellant had never tendered resignation, but his signature
was obtained by the then learned District & Sessions Judge, Larkana
on a blank paper under duress, which was subsequently used as
resignation of the appellant from job.

(2) That, the appellant was forced to sit/participate in the departmental

examination of clerical staff of subordinate judiciary, despite the fact
that the appellant was having service of less than month in his credit.

(3) That, even otherwise, the so-called resignation used against the
appellant was not submitted by the appellant through his immediate
boss i.e. the then 2nd Senior Civil Judge, Larkana, hence such a
resignation, if any, was not valid and could not be accepted or used
against the appellant.

(4) That, when the appellant was busy in the departmental examination,
there was no reason or justification for him to submit or tender his
resignation from the job.

(5) That, the Honourable High Court while dismissing C. P. No.D-252 of

2013 of the appellant has not considered the legal value of the so-
called resignation as well as order passed thereon by the then
learned District & Sessions Judge, Larkana.

(6) That, the appellant was not being issued copies of the so-called
resignation and order passed thereon.
 (7) That, the Hon’ble High Court while dismissing C. P. No.D-252 of
2013 has held that the said petition of the appellant is not
maintainable. In this context, it may be submitted with great
reverence that there is no other way out for the appellant under the
law to challenge the decision of Sindh Judiciary Service Tribunal,
hence, the appellant had rightly invoked the Constitutional jurisdiction
of Hon’ble High Court.

(8) That, further grounds will be urged at the time of hearing of instant
civil petition for leave to appeal.

(9) That, prior to this, no such civil petition for leave to appeal has been
filed by the appellant before this Hon’ble Court.

That, the appellant now prays as under :-

a) That this Hon’ble Court may graciously be pleased to call for the
entire record pertaining to the service of the appellant and after
scrutinizing the same, set aside the impugned order of
acceptance of so-called resignation passed by the Hon’ble District
& Sessions Judge, Larkana, and reinstate the appellant in
service,;

b) Award costs;

b) Grant any other equitable relief in view of the above-stated facts

and circumstances of the case.

Karachi Appellant in person.

Dated: .11.2020.
 IN THE HON’BLE SUPREME COURT OF PAKISTAN

C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro. ……………… Appellant.

Versus

District & Sessions Judge, Larkana & others. ….…..…… Respondents.

Affidavit for immediate use

I, Mohammad Panah son of Wali Mohammad, Muslim, adult, by

caste Kalhoro, resident of Shah Baharo Colony, Larkana, do hereby state on
oath as under:

1. That, I am appellant in the above matter, hence am fully

conversant with its facts.

2. That, accompanying civil petition for leave to appeal has been

drafted and filed under my specific instructions and contents thereof are correct.

3. That, my services were terminated by the then Hon’ble District &

Sessions Judge, Larkana on the ground of my resignation, which I had never
submitted. I filed appeal before Sindh Judiciary Service Tribunal, which was
dismissed, whereafter I filed C. P. No.D-252/2013 before Hon’ble High Court of
Sindh, Circuit Court, Larkana, which has also been dismissed, therefore, I have
filed instant Civil Petition for Leave to Appeal before this Hon’ble Court.

3. That, for the sake of brevity the contents of the main petition may
kindly be treated as part and parcel of this affidavit.

Whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi
Dated: .11.2020. Deponent
CNIC No.
Cell No.
 IN THE HON’BLE SUPREME COURT OF PAKISTAN
C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro ………………. Appellant.

Versus

District & Sessions Judge, Larkana & others. ….…..…..Respondents.

EXEMPTION APPLCIATION U/S: 151, CPC.

It is most respectfully prayed by the above-named petitioner that

this Hon’ble Court may be pleased to exempt him from producing

originals/certified true copies of annexures “___________________________”,

filed with the instant petition/appeal and accept photocopies thereof, for the time

being.

The grant of prayer will meet the ends of justice.

Karachi
Dated: .11.2020. Appellant in person.
 IN THE HON’BLE SUPREME COURT OF PAKISTAN

C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro ………………. Appellant.

Versus

District & Sessions Judge, Larkana & others. ….…..…..Respondents.

APPLICATION FOR URGENT HEARING.

It is most respectfully prayed by the above-named appellant that

this Hon’ble Court may be pleased to treat above matter as an urgent motion

and take up the same in Court for hearing on ____.11.2020, as the matter

involving question of butter and bread of the appellant needs urgent hearing.

The grant of prayer will meet the ends of justice.

Karachi
Dated: .11.2020. Appellant in person.
 IN THE HON’BLE SUPREME COURT OF PAKISTAN

C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro …………… Appellant.

Versus
District & Sessions Judge, Larkana & others. ….…..…..Respondents.

INDEX

S. # Particulars Annexure Pages

1. Memo of CPLA alongwith affidavit. - 01 – 14

PS copy of memo of C.P. NO.D-
2. 235/2008, earlier filed by the “A” 15 – 24
appellant.
PS copy of order dated 18.11.2008
3. “B” 25 – 28
passed in C. P. No.D-235/2008.
PS copy of Service Appeal
4. No.06/2008 filed by the appellant, “C” 29 – 40
along with Order Sheet.
PS copy of order dated 12.01.2013,
5. passed in Service Appeal No.06/ “D” 41 – 50
2008 of the appellant.
PS copy of letter No.306, dated
6. 27.4.2005 of 2nd Senior Civil Judge, “E” 51 – 52
Larkana.
PS copy of comments furnished by
7. the then District & Sessions Judge, “F” 53 – 62
Larkana.
PS copy of rejoinder along with
applications filed by appellant dated
8. “G” 63 – 78
20.5.2005, 13.7.2005, 06.06.2005
and 14.10.2005.
PS copy of Appointment Order of
9. appellant dated 22.3.2005 along “H” 79 – 82
with posting order.
PS copy of letter No.3544, dated
10. “I” 83 – 84
15.4.2005.
PS copies of applications dated
11. 20.5.2005 and 17.10.2005 along “J” 85 – 102
with receipts.
PS copy of order of Copyist of
12. “J” 103 – 104
appellant dated 31.10.1996.
Certified copy of memo of C.P.
13. “K” 105 – 112
No.D-252/2013, filed by appellant.
Certified copy of impugned short
Order dated 11.12.2019 with
14. detailed reasons received on “L” 113 – 146
19.10.2020 passed by Hon’ble High
Court in C. P. No.D-252/2013.
15. Urgency application. -
16. Exemption application. -

Karachi ( Mohammad Panah Kalhoro )

Dated: .11.2020. Appellant in person.
 IN THE HONBLE SUPREME COURT OF PAKISTAN
C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro. ……………… Appellant.

Versus

District & Sessions Judge, Larkana & others. ….…..…… Respondents.

Affidavit for immediate use

I, Mohammad Panah son of Wali Mohammad, Muslim, adult, by

caste Kalhoro, resident of Shah Baharo Colony, Larkana, do hereby state on
oath as under:

1. That, I am appellant in the above matter, hence am fully

conversant with its facts.

2. That, accompanying exemption application has been filed under

my specific instructions, as the certified true copies of annexures sought to be
exempted are not available with me at the moment, therefore, photocopies of
the same filed with the instant petition may kindly be accepted, in the larger
interest of justice.

3. That, for the sake of brevity the contents of the main petition may
kindly be treated as part and parcel of this affidavit.

Whatever stated above is true and correct to the best of my

knowledge and belief.

Dated: .02.2019. Deponent

CNIC No.
Cell No.
 IN THE HON’BLE SUPREME COURT OF PAKISTAN

C.P.L.A. No. of 2020.

Mohammad Panah Kalhoro. ……………… Appellant.

Versus

District & Sessions Judge, Larkana & others. ….…..…… Respondents.

Affidavit for immediate use

I, Mohammad Panah son of Wali Mohammad, Muslim, adult, by

caste Kalhoro, resident of Shah Baharo Colony, Larkana, do hereby state on
oath as under:

1. That, I am appellant in the above matter, hence am fully

conversant with its facts.

2. That, accompanying application for urgent hearing of leave to

appeal has been filed under my specific instructions, as my services were
terminated by the then Hon’ble District & Sessions Judge, Larkana on the
ground of my resignation, which I had never submitted. I filed appeal before
Sindh Judiciary Service Tribunal, which was dismissed, whereafter I filed C. P.
No.D-252/2013 before Hon’ble High Court of Sindh, Circuit Court, Larkana,
which has also been dismissed, therefore, I have filed instant Civil Petition for
Leave to Appeal before this Hon’ble Court, which needs urgent hearing.

3. That, the contents of the main petition may kindly be treated as

part and parcel of this affidavit for the sake of brevity.

4. That, grant of prayer shall meet the ends of justice.

Whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi.
Dated: .11.2020. Deponent
CNIC No.
Cell No.