MUHAMMAD AZAM vs PROVINCE OF SINDH — 2026 PLC(CS) 665 SUPREME-COURT

Case information

Citation: 2026 PLC(CS) 665 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: PLC
Parties: MUHAMMAD AZAM vs PROVINCE OF SINDH
Subject matter: Service
Provisions referred to: Sindh Service Tribunals Act (XV of 1973)

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

MUHAMMAD AZAM VS PROVINCE OF SINDH. Rr. 13.6(2) & 13.9---Sindh Service Tribunals Act (XV of 1973), Ss. 4 & 5---Constitution of Pakistan, Art. 189---Out of turn / shoulder promotion---Reversion / demotion of Head Constables to Constables while misapplying judgment of Supreme Court---Decision of appeal by Service Tribunal without examination of service record---Legality---Duty of the Service Tribunal---Scope---Prior to declaring a promotion as out of turn or shoulder promotion, the Tribunal was obliged to examine the service record to ascertain whether such promotion was accorded without merit, fulfilling elementary codal formalities including training courses/examinations---Promotion cases of petitioners whether or not out of turn promotion could obviously be decided if the relevant service record of the petitioners was properly vetted by the Service Tribunal, together with the question of alleged repeal or omission of Rule 13.6(2) of the Police Rules, 1934 with its effective date vis-à-vis the date of alleged out of turn promotion granted to the petitioners---Judgment of Supreme Court has binding effect in terms of Article 189 of the Constitution, but each case has to be decided on its own peculiar facts and circumstances with an independent and judicious application of mind, rather than simply relying on the departmental version as gospel truth---Civil petitions were converted into appeals and allowed in circumstances.

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