Case Details

Citation(s)
2026 SLG 2270 2026 SLD 2270 = 2026 SHC 376
Sindh High Court
C.P No. D-572 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 17.02.2026. Mr. Ali Asadullah Bullo, Advocate for Petitioner. Mr. Ali Safdar Depar, AAG. Mr. Shahid Chaudhry, DSP/ SPU, Karachi and Mr. Raza Mian, DSP-Legal-Ii, CPO.

(Khadim Hussain

VS

Province of Sindh & others)

Law: Constitution of Pakistan, 1973

Section: 188

Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 15

📌 Summary of Case The petitioner, selected for the post of Assistant Sub-Inspector (ASI) through Sindh Public Service Commission, was denied appointment due to a prior criminal case shown in his record. Although a criminal case existed, he had already been acquitted before finalization of selection. He argued that after acquittal, he could not be disqualified from public service. The Court agreed, holding that an acquitted candidate cannot be denied appointment solely on the basis of past allegations, and directed issuance of appointment subject to medical and credential verification. 📌 Sections / Laws Used Article 199 Constitution of Pakistan, 1973 Section 15 Sindh Civil Servants Act Sindh Police Recruitment Policy, 2022 Sindh Public Service Commission (SPSC) Rules / Process Supreme Court precedent (CPLA No.14-K of 2023) 📌 2-WORD CASE DESCRIPTION Police Appointment Acquittal Rights         O R D E R  Petitioner Khadim Hussain filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 seeking declaration that rejection order dated 10.12.2024 is illegal to the extent of the Petitioner and for direction to the Respondents to allow him to undergo final medical examination for appointment as Assistant Sub-Inspector (ASI).   Learned counsel for the Petitioner submitted that in 2024 the Respondents advertised posts of Sub-Inspector (BPS-09) for Special Protection Unit (CPEC), which were referred to Sindh Public Service Commission. After qualifying written test and interview, the Petitioner was declared successful and recommended for appointment as ASI vide press release dated 29.07.2024. During verification, a criminal case was found recorded against the Petitioner in the Crime Record Office; however, upon verification from the trial Court, the Petitioner had already been acquitted vide order dated 05.10.2022.   It was contended that after such acquittal, withholding of appointment is unlawful and contrary to Section 15 of the Sindh Civil Servants Act. Reliance was also placed upon order dated 02.01.2025 passed by the Supreme Court of Pakistan in CPLA No.14-K of 2023 (…
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