| Case ID |
08c59188-7ced-4a17-8b78-0c56516beaf4 |
| Body |
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| Case Number |
D-900 of 2023 |
| Decision Date |
Nov 28, 2023 |
| Hearing Date |
Nov 15, 2023 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by JAMSHER ALI SIAL and others against the Province of Sindh. The petitioners challenged the orders reverting them to lower posts after they had been appointed as police constables and later promoted to Sub-Inspectors. The court found that the reversion was valid under Section 12 of the Sindh Civil Servants Act, 1973, which allows for such actions without notice. The court emphasized that the petitioners had received due process and that their grievances regarding non-hearing and alleged discrimination against female police officials did not justify the exercise of its constitutional jurisdiction under Article 199 of the Constitution. The petitioners were advised to seek remedy from the Sindh Service Tribunal instead. |
| Summary |
The case revolves around the maintainability of a constitutional petition filed by JAMSHER ALI SIAL and others against the Province of Sindh concerning their reversion to lower posts as police officers. The Sindh High Court reviewed the provisions of the Sindh Civil Servants Act, particularly Section 12, which permits reversion without notice for civil servants appointed on an ad hoc basis. The court highlighted that the petitioners were adequately heard during the inquiry process and that their claims of discrimination were unfounded. The ruling underscores the importance of adhering to established legal frameworks in civil service matters and reinforces the jurisdiction of the Sindh Service Tribunal for such disputes. The decision serves as a significant reference for future cases involving civil service appointments and promotions, particularly regarding procedural rights and remedies available to civil servants. Keywords such as 'Sindh High Court', 'civil servants', 'reversion to lower post', and 'constitutional jurisdiction' are trending in legal discussions and may aid in better visibility for related legal topics. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Iqbal Kalhoro,
Arbab Ali Hakro
|
| Lawyers |
Fidaullah Qureshi,
Noor Hassan Malik,
Ali Raza Baloch
|
| Petitioners |
82 others,
JAMSHER ALI SIAL
|
| Respondents |
5 others,
PROVINCE OF SINDH through Secretary Home Department
|
| Citations |
2024 SLD 4358,
2024 PLC 690
|
| Other Citations |
Nazeer Ahmed Chkrani v. Government of Pakistan 2004 SCMR 623,
Gul Hassan Jatoi and others v. Faqeer Muhammad Jatoi and others 2016 SCMR 1244,
2015 SCMR 456,
2016 SCMR 1254,
2021 SCMR 1390,
2007 SCMR 54,
PLD 2001 SC 1032,
1999 PLC (C.S.) 230,
2009 PLC (C.S.) 539,
2009 PLC (C.S.) 568,
Khalilullah Karar and others v. PPO, Balochistan and others 2021 SCMR 1168
|
| Laws Involved |
Sindh Civil Servants Act, (XIV of 1973),
Constitution of Pakistan, 1973
|
| Sections |
12,
199,
212
|