HYDERABAD, June 22: Mr Justice Azizullah Memon of the Sindh High Court, Hyderabad circuit bench, on Tuesday set aside the order of District and Sessions Judge, Tharparkar, who is also the Director Human Rights Board, relating to service of three lady health workers.
The court ordered that legal proceedings could be filed against petitioners in case their appointments were made against relevant provisions of law or if their work and conduct is not found satisfactory. The judge observed that no proceedings, other than legal one, shall be initiated against petitioners.
Ms Willayat, Ms Lakhma and Ms Adan had filed a joint constitutional petition through Jhematmal Jethanand, advocate, stating therein that one Mohammad Usman had filed an application before sessions judge Tharparkar, who entertained the application under his human rights jurisdiction.
The petitioner's counsel argued that inquiry being made against his clients on a frivolous application falls outside the jurisdiction of the court. He contended that it related to terms and conditions of service which has nothing to do with human rights.
Additional Advocate General (AAG) Sindh, Mr Masood A. Noorani informed the court that despite notice the respondent Mohammad Usman did not file his comments in response to the petition.
The petitioners claimed that they were appointed in 1997 after due procedure and started working in basic health unit, Sammo Rind taluka Chhachhro, Tharparkar district.
They said that on account of enmity with Muhammad Ramzan, father of Ms Lakhma and Ms Adan, Usman filed a 'baseless' application before sessions judge Tharparkar, seeking inquiry against them on the ground that they were uneducated.
The petitioners said that application against them was against facts and law, and that the sessions judge had no jurisdiction or authority to entertain such an application and pass orders, accordingly.
The petitioners said that after impartial inquiry by Executive District Officer (EDO) health Tharparkar, the sessions judge was not justified to receive affidavit from Mohammad Usman. They prayed the court to pass permanent injunctions, restraining respondents from acting on impugned orders in any manner.
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