KARACHI: High Court penalizes city govt officials: Teacher’s remuneration
By Shujaat Ali Khan
KARACHI, April 28: The Sindh High Court ordered the city district government to release the remuneration of a schoolteacher stuck up since June 2001 and asked it to pay the petitioner Rs25,000 as compensation. The amount of compensation would be deducted from salaries of two CDGK education officials responsible for non-payment, a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Maqbool Baqar, ordered.
The bench censured the officials for maladministration and negligence.
CDGK counsel Manzoor Ahmed conceded that the petitioner teacher rightly felt aggrieved. He handed the petitioner his last pay certificate for June 2001, which should have been issued immediately on his transfer from one CDGK school at Nazimabad to another, on behalf of the city government. Additional Advocate-General Sarwar Khan also supported the petitioner’s case.
Petitioner Mohammad Naqi submitted through Advocate Zahid Marghoob that he was transferred in June 2001 but was not issued his last pay certificate by the CDGK education department despite repeated requests to enable him to continue receiving his remunerations at his new posting in the same district and town. He waited for years and approached the high court when the CDG officials refused to budge.
Allowing the petition, the bench ordered the CDGK to release the stuck-up dues of the petitioner without further delay and also pay him compensation.
REFUND ORDERED: Justice Amir Hani Muslim, meanwhile, ordered the city government to refund the security amount deposited by a toll tax contractor and forfeited by it.
Plaintiff Jan Mohammad stated through Advocate Sohail Abbas that he was awarded a contract to collect toll tax at the bridge on the road linking the super and national highways. He paid the security deposit of Rs 1.8 million as per terms of the contract.
However, the bridge collapsed before the expiry of the contract and his collection post was destroyed. He requested the CDGK to repair or rebuild the bridge. Instead of repairing the bridge and the collection post, the CDGK forfeited his security deposit for not carrying out his contractual obligations. A CDGK ditsrict officer for finance, Rehman Khan, who appeared in response to court summons, said the plaintiff actually collected the toll tax for a month longer than the period he was contracted for.
Advocate Sohail Abbas contested the statement and the CDGK official was unable to answer a court query in respect of the authority of law under which the security deposit was forfeited. The court asked the CDGK to refund the deposit after making due adjustments within 15 days, failing which the district officer and others concerned would expose themselves to contempt proceedings.
NOTICE TO SITE MD: A division bench, comprising Justices Sarmad Jalal Osmany and Azizullah M. Memon, meanwhile, issued notices to the Sindh Industrial and Trading Estate managing director, finance director and audit officer for withholding the salary and allowances of a SITE accounts officer in violation of a court order.
Petitioner Zahoor Ahmed Solangi submitted through Advocate Mohammad Nawaz Shaikh that he was suspended over four years ago for allegedly misappropriating Rs 1.9 million. He had not been paid any salary or allowance since his suspension. According to the SITE counsel, there was a stay order obtained by his client.
Advocate Nawaz Shaikh argued that a suspended official was entitled to full salary and allowances. There was a high court order of March 2004 for payment of his dues and none against payment as claimed by the respondents’ counsel.
The bench directed that notices be issued to the respondents for May 5 to show cause why they should not be proceeded against for contempt for violating the court order of March 2004.
NOTICES DISCHARGED: Another division bench, comprising Justices Ataur Rahman and S.Ali Aslam Jaferi, discharged show cause notices for contempt issued to deputy controller Aslam Khan, town building control officer Aqeel Ahmed Abidi and three other officials of the Karachi Building Control Authority for not demolishing unauthorized contruction at Lyari.
KBCA counsel Shahid Jamil Khan submitted that the authority duly complied with the court order but the area councillor threatened and intimidated its demolition squad. The squad went to the site again the next day after making due preparations and the demolition work completed. The petitioner had, however, moved a contempt plea in the meanwhile.
The counsel said the dispute was between two neighbours residing in adjoining houses built over 110-square-yard plots. No wilful or deliberate violation of the court order was involved and the order was fully complied with.
