| Citation(s) |
|---|
| 2025 SLG 4914 2025 SLD 4914 = 2025 PLC 1080 |
Sindh High Court
Constitutional Petition No. 5887 of 2024, decided on 10th December, 2024.
Before Muhammad Karim Khan Agha and Adnan-ul-Karim Memon, JJ
Gul Hassan Jatoi and others v. Faqir Muhammad Jatoi 2016 SCMR 1254 rel. G. M. Bhutto for Petitioners.
Constitutional Petition No. 5887 of 2024, decided on 10th December, 2024.
Before Muhammad Karim Khan Agha and Adnan-ul-Karim Memon, JJ
Gul Hassan Jatoi and others v. Faqir Muhammad Jatoi 2016 SCMR 1254 rel. G. M. Bhutto for Petitioners.
SAJJAD ANWAR SUNNY and 77 others
VERSUS
PROVINCE OF SINDH through Chief Secretary and 2 others
Law: Constitution of Pakistan, 1973
Section: 199,212
Constitution of Pakistan-------Arts. 199 & 212---Constitutional petition---Maintainability---Bar contained under Art. 212 of the Constitution---Scope---Appointment of Police Inspectors (Investigation)---Postings limited to Investigation Branch excluding Operational Branch---Validity---Petitioners were appointed as Inspectors (Investigation) (BPS16) in the Sindh Police Department and their appointment letters specifically stated that they would work only in the Investigation Unit and would not be transferred to other agencies like ACE, FIA, or Motorway---Transfer of Investigation Officers to the Executive Branch contradicts the Supreme Court's judgment in the Gul Hassan Jatoi case as their appointment letters as Inspector Investigations limiting their transfer and posting to the Executive Branch was a matter of their terms and conditions of service and was outside the jurisdiction of the High Court under Art. 212 of the Constitution---Thus, the petitioners could not be allowed to be transferred from the Investigation Wing to perform their service in the Executive Branch of the Police Department---Constitutional petition was dismissed, in circumstances.Date of hearing and Order: 10th December, 2024.JUDGMENTMUHAMMAD KARIM KHAN AGHA, J.---The petitioners humbly request this court to:1. Implement the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002 Amendment Act, 2019) regarding transfers, postings, and jurisdiction of police officers, including the petitioners.2. Comply with the provisions of the Sindh (Repeal of the Police Act, 1861 and Revival of Police Order, 2002 (Amendment Act 2019)) and relevant rules and regulations, including the Police Rules, 1934, Sindh Civil Servants Act, 1973, and Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975.3. Treat the petitioners similarly to other police inspectors as per the letter No. 17206-12/I-II/list-I, dated 19.09.2024.4. Prepare and issue the seniority list of Inspectors (Investigation) BPS-16 in accordance with the Police Rules, 1934, Sindh Civil Servants Act, 1973, and relevant…