Legal Case Summary

Case Details
Case ID 1aeb214d-adbd-4017-a81b-5fdc9c29ec11
Body View case body.
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