HAFEEZ UR REHMAN vs PROVINCE OF SINDH Ss — 2024 PLC(CS) 524 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLC(CS) 524 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLC
Parties: HAFEEZ UR REHMAN vs PROVINCE OF SINDH Ss
Subject matter: Service

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

HAFEEZ UR REHMAN VS PROVINCE OF SINDH Ss. 3 & 4---Constitution of Pakistan, Art. 199---Suspension order, assailing of---Constitution petition---Maintainability---Petitioner (Deputy Director/BPS-18) filed constitutional petition against his suspension order---Validity---Constitutional jurisdiction of the High Court is not meant to be exercised to compel an Authority to set aside the suspension order passed against a public servant against whom prima facie evidence shows his involvement in the charges of misconduct or otherwise, which is yet to be probed---Interference by the High Court would be disharmonious to the principle of good governance and canon of service discipline, rather it would cause undue interference and hamper the smooth functioning of the departmental Authorities , more particularly SBCA---Against the adverse result of the inquiry, if any, the petitioner would have the remedy of appeal; and, in presence of such adequate remedy, the High Court at present stage would not step into and declare the suspension of the petitioner illegal or void---More so, the petitioner's objection to his suspension was technical and procedural---High Court was not inclined to exercise its discretion in petitioner's favour to thwart the whole process of inquiry---Constitutional petition, being not-maintainable, was dismissed, in circumstances.

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