| Citation(s) |
|---|
| 2026 SLG 705 2026 SLD 705 = 2026 SHC 430 |
Sindh High Court
CP No.D-4930 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Syed Bashir Hussain Shah, Advocate for the Petitioner Mr. Muhammad Kamran Baloch, Assistant Advocate General Mr. Asif Ali Khawaja, Advocate for
Respondents No.2, 4 and 5 Date of hearing and order: 27.02.2026
CP No.D-4930 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Syed Bashir Hussain Shah, Advocate for the Petitioner Mr. Muhammad Kamran Baloch, Assistant Advocate General Mr. Asif Ali Khawaja, Advocate for
Respondents No.2, 4 and 5 Date of hearing and order: 27.02.2026
(Muhammad Khurram Hassan Khan
VS
Province of Sindh and 04 others)
Law: Constitution of Pakistan, 1973
Section: 4,25
Summary: The petitioner, a Grade-19 officer serving as Head of Department (Procurement) at the National Institute of Cardiovascular Diseases (NICVD), challenged an administrative order dated 22.09.2025 appointing a junior Grade-17 officer as Acting HoD over him. He claimed this violated service hierarchy, unlawfully interfered with his duties, and caused professional humiliation. The respondents argued NICVD is autonomous and the arrangement did not affect the petitioner. The Court held that arbitrary supersession of a senior officer by a junior without lawful authority violates Articles 4 and 25 of the Constitution. The impugned order appointing the Grade-17 officer as Acting HoD was set aside, and the petitioner was restored to his position. Sections / Articles Used: Articles 4 & 25 of the Constitution of Pakistan (fundamental rights: protection from arbitrary action, equality before law). 2 Two-Word Descriptions: Senior Supersession Service Hierarchy ORDER Through this petition, the petitioner claims following relief(s):- “A) To suspend the operation of impugned letter dated 22.09.2025 issued by the respondent No.4 till the disposal of the petition. To allow the petitioner to continue his professional duties against his designation as "head of procurement" To direct the respondent No.4 & 5 not to interfere in the working duties of the petitioner. To declare that the impugned order is nullified and repugnant to the law hence ab initio void. To declare that in presence of duly appointed HOD the post could not be vacated without due process of the law and incompetent person could not be given the charge of acting HOD. To restore the operation of procurement department into its original form before the issuance of administrative order dated 22.09.2025.” Learned counsel for the petitioner submits that the petitioner is a Grade-19 officer and he was working as Head of Department (HoD) Procurement in National Institute of Cardiovascular Diseases (NICVD) and vide impugned order dated 22.09.2025, Respondent No.5 has been appointed as Acting HoD Procurement under the so-called scheme of restructuring of the Procurement department.…