| Case ID |
03f07cab-31e9-4a14-9ee5-734a993b7b3b |
| Body |
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| Case Number |
Civil Petition No. 407-K of 2019 |
| Decision Date |
Dec 30, 2021 |
| Hearing Date |
Dec 30, 2021 |
| Decision |
The Supreme Court of Pakistan ruled that the appointment of Shahzad Hussain Talpur as Special Auditor was illegal due to the failure to follow proper appointment protocols as mandated by the Sindh Public Service Commission. The Secretary of the Cooperative Department had improperly downgraded the position from Grade 17 to Grade 16, which allowed him to appoint Talpur without conducting the necessary tests or interviews through the Commission. The Court emphasized the importance of disclosing the identity of the competent authority in official notifications to prevent conflicts of interest and maintain accountability in public service appointments. |
| Summary |
In the case of Civil Petition No. 407-K of 2019, the Supreme Court of Pakistan examined the legality of Shahzad Hussain Talpur's appointment as Special Auditor in the Cooperative Department. The case arose from a challenge to the Sindh Service Tribunal's decision that had reinstated Talpur after his dismissal. The Court determined that Talpur's appointment violated the Sindh Civil Servants Rules and the Sindh Public Service Commission Act, as he was not selected through the mandated processes. The Secretary, who appointed him, was found to have acted beyond his authority by downgrading the position to facilitate this appointment. The ruling underscored the necessity for transparency and accountability in governmental appointments, particularly regarding the identity of the competent authority, and set a precedent for enforcing strict adherence to public service laws. This case highlights the critical need for compliance with established recruitment protocols to ensure merit-based appointments in public service roles, thereby enhancing the integrity of the administrative system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Province of Sindh
|
| Judges |
Qazi Faez Isa,
Justice Amin-ud-Din Khan
|
| Lawyers |
Saulat Rizvi,
Ghulam Rasool Mangi,
Ali Gul Sanjrani,
Mukesh Kumar G. Karara,
M. Iqbal Ch.
|
| Petitioners |
Saulat Rizvi,
Ghulam Rasool Mangi,
Ali Gul Sanjrani,
Abdul Latif Qazi
|
| Respondents |
Shahzad Hussain Talpur
|
| Citations |
2022 SLD 1226,
2022 PLC 659
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974,
Sindh Public Service Commission Act, 1990
|
| Sections |
4(1),
3(1)(i)
|