| Case ID |
1aeb214d-adbd-4017-a81b-5fdc9c29ec11 |
| Body |
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| Case Number |
D-4077 of 2016 |
| Decision Date |
Nov 17, 2020 |
| Hearing Date |
Nov 17, 2020 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Yar Muhammad Bozdar, challenging his repatriation from the Ex-PCS cadre as Assistant Commissioner (BPS-17) to his parent department. The court upheld the Supreme Court's judgment which declared his appointment illegal and mandated his return to the Board of Revenue. The petitioner failed to demonstrate the maintainability of his petition in light of prior Supreme Court orders, and it was concluded that the Chief Secretary's actions were in compliance with these directives. The court emphasized adherence to the Supreme Court's established legal framework regarding such appointments, which lacked a transparent nomination policy. As a result, the petition was dismissed without any order as to costs. |
| Summary |
In the case of Yar Muhammad Bozdar vs. Province of Sindh, the Sindh High Court dealt with the constitutional petition concerning the repatriation of the petitioner from his position as Assistant Commissioner in the Ex-PCS cadre. The court referenced a prior judgment from the Supreme Court of Pakistan which had declared the petitioner's appointment as illegal and directed a return to the Board of Revenue. The petitioner argued that his repatriation was unwarranted; however, the court found that the Chief Secretary acted within the framework of the Supreme Court's directives. The court highlighted the absence of a structured nomination policy for such appointments, which had led to irregularities in the past. Ultimately, the court dismissed the petition, reinforcing the need for compliance with the Supreme Court's decisions and the necessity for transparent policies governing civil service appointments. This case underscores the importance of following established legal precedents and the implications of administrative decisions on civil service appointments. Keywords: Sindh High Court, constitutional petition, repatriation, Assistant Commissioner, Ex-PCS cadre, Supreme Court, Board of Revenue. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Revenue, Sindh
|
| Judges |
NADEEM AKHTAR,
ADNAN-UL-KARIM MEMON
|
| Lawyers |
Waheed Ali Ghumro,
Ali Safdar Depar
|
| Petitioners |
YAR MUHAMMAD BOZDAR
|
| Respondents |
PROVINCE OF SINDH through Chief Secretary Sindh Secretariat, Karachi
|
| Citations |
2022 SLD 2374,
2022 PLC 1289
|
| Other Citations |
2015 SCMR 456
|
| Laws Involved |
Not available
|
| Sections |
Not available
|