ADIL vs PROVINCE OF SINDH arts — 2025 PLC(CS) 55 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 55 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: ADIL vs PROVINCE OF SINDH arts
Subject matter: Service
Provisions referred to: Sindh Ordinance

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

ADIL VS PROVINCE OF SINDH arts. 199 & 212---Constitutional petition---Maintainability---Bar of jurisdiction---Scope---Illegal appointment as constable---Departmental proceedings---Discharge from service---Petitioners assailed their discharge orders before the departmental appellate authority, Service Tribunal and Centralized Re-examination Committee, but remained unsuccessful, then they filed present Constitutional petition with the contention that they had been discriminated and instead of proceeding against them under the Removal from Service (Special Powers) Sindh Ordinance, 2000, they had been discharged from service under the Police Rules, 1934---Validity---Matter fell within the competence of the Service Tribunal, thus, notification could not be challenged before High Court under art.199 of the Constitution in view of the bar set out in art.212 of the Constitution---Petitioners themselves had approached the Tribunal and accepted the manner in which their appeals were decided as they had awaited the outcome of proceedings before the Centralized Re-examination Committee prior to approaching High Court---If the petitioners were aggrieved by the decision of the Tribunal and wished to advance their challenge to being discharged from service, the appropriate course for them was to have approached the Supreme Court---Since grievance of the petitioners had arisen out of the proceeding of the Re-examination Committee, which had not been impugned before the High Court, thus, the plea of discrimination that respondents had been unduly appointed did not even otherwise serve to advance the cause of the petitioners for their own appointment---Constitutional petition was dismissed, in circumstances.

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