KARACHI: Justice Muhammad Iqbal Kalhoro of High Court of Sindh (SHC) disposed of an appeal filed by custom officer Syed Irshad Ali Shah challenging an order passed by single judge of High Court of Sindh dismissing a plaint/suit filed against his transfer and posting him in Admin Pool of the Federal Board of Revenue. The plaint was rejected under Order VII, Rule 11 (d) of CPC.
The suit No 720 of 2024 was rejected on ground that transfer comes within the terms and conditions of service and hence High Court is not the appropriate forum. Syed Owaiz Ali Shah Advocate filing the appeal contended that case of plaintiff is not of a simple transfer but he was made OSD (Officer On Special Duty) which is a kind of punishment, hence suit was maintainable.
The court noted that during course of arguments it came to the fore that after the impugned notification, the appellant has been compulsorily retired as a punishment and such punishment has been challenged before the departmental hierarchy.
The bench held that in view of this position, the appeal is not maintainable. The bench with above observation disposed of the appeal leaving it open to the appellant/plaintiff to challenge out come of his departmental appeal.
The state was represented by DAG Shazia Hanjrah while custom department was represented by Khalid Mehmood Rajpar Advocate.