| Case ID |
09e3bf61-b56b-4195-9bf4-ec8aef469f66 |
| Body |
View case body. Login to View |
| Case Number |
C.P.L.A. No. 138 of 1998 |
| Decision Date |
Oct 08, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal against the judgment of the High Court of Sindh which had dismissed the petitioner’s constitutional petition challenging the appointments and promotions of civil servants as Assistant Commissioners. The Court noted that the Chief Minister held the authority to specify posts to be filled without reference to the Sindh Public Service Commission (SPSC) under Rule 5, thus validating the appointments made. The Court's decision will examine whether the High Court's view aligns with the law, particularly concerning those civil servants who were inducted directly without going through the SPSC process. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the legality of civil servant appointments made without reference to the Sindh Public Service Commission (SPSC). The petitioner, a civil servant, contested the promotions and appointments of several officials as Assistant Commissioners, arguing that the process violated established rules. The High Court had previously dismissed the petition, stating that the Chief Minister had the authority to exclude certain posts from the SPSC's purview in the interest of public service. The Supreme Court's ruling, which granted leave to appeal, emphasized the examination of the legality of direct inductions into service without SPSC oversight. This case highlights critical issues surrounding civil service appointments, administrative authority, and adherence to procedural norms in Pakistan's public sector. Keywords such as 'Sindh Public Service Commission', 'Civil Service Appointments', 'Supreme Court of Pakistan', and 'Constitutional Jurisdiction' are relevant for SEO as they pertain to ongoing discussions around governance and legal frameworks in the country. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD A RIF, JJ
|
| Lawyers |
Muneeb Ahmed Khan, Additional Advocate-General for Respondents
|
| Petitioners |
NAZEER AHMED DHOON
|
| Respondents |
GOVERNMENT OF SINDH and others
|
| Citations |
1999 SLD 364,
1999 SCMR 1547
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Public Service Commission (Functions) Rules, 1990,
Constitution of Pakistan (1973)
|
| Sections |
3,
5,
185(j),
199
|