ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 4667 of 2016

Date of hearing

Order with signature of Judge

 

Hearing of case

1.    For orders on office objection at Flag-A

2.    For hearing of main case

 

08-09-2021

 

Mr. Bakhshan Khan Mahar, Advocates for the petitioner.

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh along with SIP Ameer Ali Shah on behalf of DIGP Sukkur.

 

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            Through this Petition, the petitioner has sought the following relief(s):

A.                 To declare that the action of respondents in not appointing the petitioner as constable in Special Branch Sindh on the basis of Standing Order No.279/2014 is arbitrary, illegal, without lawful authority and of no legal effect.

B.                 To direct respondents Nos. 2 to 5 to appoint the petitioner as constable in Special Branch Sindh under the provisions of Standing Order No.279/2014.

C.                 To award costs of the petition.

D.                To grant any other relief as deemed fit and proper in the circumstances of the case.

            Comments have been filed and learned AAG submits that the Hon’ble Supreme Court has already given directions that Standing Orders issued by the Police Department stand withdrawn, and he has referred to the said order passed in Civil Petitions Nos. 439, 494, 505 to 508, 529 to 532, 533, 601, 906 and 911 to 917 of 2015, which reads a under:

All Standing Orders issued from time to time by different Inspector General of Police / Provincial Police Officer without approval of Provincial Government are declared to be illegal and void to the extent of prescribing the recruitment rules, terms and conditions of service of the officers/men in Sindh Reserve Police including devising of transfer policy and pertaining to the assignment of seniority in violation of rules.

            In view of the above, the Petition is misconceived and is hereby dismissed.

 

 

J U D G E

 

J U D G E

Abdul Basit