Case Details

Citation(s)
2010 SLG 3100 2010 SLD 3100 2010 PLC 542
Sindh High Court
Constitutional Petition No. D-1757 of 2009, decided on 24th February, 2010. Writ Petition No. 1772 of 2006, decided on 10th March, 2010.
GULZAR AHMED AND IRFAN SADAAT KHAN, J

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QAISER ALI KHAN

VS

PROVINCE OF SINDH through Chief Secretary and another

Law: Sindh Judicial Service Rules, 1994

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199

(a) Sindh Judicial Service Rules, 1994---   ----R.4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Judicial service---Concealment of facts---Penalty---Effect---Petitioner filed constitutional petition, in the year 2008 for correction of his date of birth, which was dismissed in limine, on the ground that the petitioner had not moved within two years, prescribed on the date on which his service book was opened, for correction of his date of birth---Petitioner filed application to the Registrar of High Court for change of his date of birth suppressing the fact of dismissal of his earlier constitutional petition---Chief justice of the High Court allowed said application---Petitioner prayed for implementation of the Chief Justices order---Validity---Government being the appointing authority, the matter regarding correction of date of birth of the petitioner in term of R.4 of the Sindh Judicial Service Rules, 1994, could only be decided by the Government---Chief Justice of High Court had no power of changing the date of birth of a judicial officer except that he might send his recommendations to the Government which apparently would become binding unless for some reason not brought to the knowledge of the Chief Justice, recommendations might not be accepted rather such aspect of the matter would have to be brought to the knowledge of Chief Justice for consideration---Administrative orders were always subordinate to the judicial orders---By obtaining administrative order merely that of recommendatory nature, the petitioner could not be allowed to overreach or nullify the decision in his own earlier petition---Petitioner had been seeking implementation of the order of Chief Justice knowing fully well that there existed already a judicial decision disallowing his request for changing his date of birth which decision apparently had not been challenged by the petitioner rather the petitioner had embarked upon a journey which was totally uncalled for and illegal---High Court dismissed the constitutional petition with cost of Rs. 20,000.    (b) Constitution of Pakistan (1973)---   ----Art. 201---Court…
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