Services termination of top law officers: SHC suspends notification, issues notices to governor, Law Secretary

Sindh High Court (SHC) on Thursday suspended the notification of provincial government to terminate the services of Additional Advocate General and Assistant Advocate General of the province and issued notices to Governor Sindh and Law Secretary.

A division bench of the SHC comprised of Justice Shafi Siddiqui and Justice Adnan Chaudhry stayed the termination of services of both legal officers of provincial government after they moved the court against the notification, terminating their services.

Ghulam Mustafa Maheshar and Ghulam Abbasi Sangi filed the petition and made Governor Sindh and Law Secretary Sindh respondents in the petition. Petitioners submitted that as Additional Advocate General Sindh and Assistant Advocate General Sindh they performed their duties by upholding the prestige of the office to which they were assigned.

Petitioner Ghulam Mustafa Maheshar submitted that the termination of their services vide a notification on October 24, 2019 is in violation of Sindh Government Rules of Business as it is the authority of Sindh Governor which could have issued such notification regarding dispensing the services of petitioners.

Petitioner Ghulam Abbasi Sangi contended that Sindh Law officers (Conditions of Services) Rules and Rules for Conduct of Legal Affairs of Government of Sindh have been violated while issuing the notification regarding termination of his service.

Petitioners submitted that their dismissal was arbitrary as it was selective without reference to any criteria targeting him; that no intelligible differentia distinguished the petitioners from the officers that had been retained in service; therefore the petitioner's removal order was discriminatory in effect.

They pleaded the court to declare notification is illegal, arbitrary, capricious, malafide, without jurisdiction, in violation of principles of natural justice. The court ordered to issue notices to respondents as well as to Advocate General Sindh and suspended the notification by putting off the hearing of case for November 12, 2019.