YAR MUHAMMAD BOZDAR vs PROVINCE OF SINDH through Chief Secretary Sindh Secretariat, Karachi Repatriation to parent department — 2022 PLC(CS) 1289 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 1289 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: YAR MUHAMMAD BOZDAR vs PROVINCE OF SINDH through Chief Secretary Sindh Secretariat, Karachi Repatriation to parent department
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

YAR MUHAMMAD BOZDAR VS PROVINCE OF SINDH through Chief Secretary Sindh Secretariat, Karachi Repatriation to parent department---Scope---Petitioner questioned his repatriation from the appointment as Assistant Commissioner (BPS-17) in Ex-PCS Cadre by way of nomination to his parent department through a notification issued by Chief Secretary, which was in pursuance of the directions contained in a judgment passed by Supreme Court---Validity---Appointment of petitioner in Ex-PCS cadre had already been declared as illegal by the Supreme Court---Supreme Court had already held that no mechanism was provided for nomination of the officers; that it was the sole discretion of the Chief Minister to recruit/nominate an employee to the post of Assistant Commissioner in exercise of powers under Rule 5(4)(b) of the West Pakistan Civil Service (Executive Branch) Rules, 1964; that the discretion to exercise the powers was required to be structured by framing policy, which should encourage merit; that the petitioner along with others was found in excess of the quota as per the list provided, therefore, they were not entitled to continue in their offices---Directions of the Supreme Court were still in field and the High Court was bound to follow it under the Constitution---Constitutional petition was dismissed.

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