Inspector Syed Saeed Akhtar Naqvi and Others (Petitioner) VS Province of Sindh and Others (Respondent)

Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No.D – 2511 of 2021

Date Order with Signature of Judge

1.For order on office objection no. 4,7,9&18.

2.For hearing of CMA No.10799/2021.

3.For hearing of main case.

Khawaja Shamsul Islam, advocate for the petitioners.

Mr. Ali Safdar Depar, Assistant Advocate General.

Mr. Abdul Sattar Pathan and Dr. Liaquat Ali Abro, Law Officers, Law Department, Government of Sindh, Karachi.

At the outset, learned counsel for the petitioners, contends that the respondents may be directed to proceed with the promotion of the petitioners in view of the case of Gul Hassan Jatoi v. Faqeer Muhammad Jatoi (2016 SCMR 1254) and Police Rules 13.15(4) of Police Rules, 1934.

At this juncture, learned AAG contends that there is another judgment i.e. Chief Secretary, Govt. of Punjab Lahore etc. v. Ms. Shamim Usman (Civil Petition No.1097- L of 2020) and extends his no objection that if the matter is referred to the Competent Authority, who shall examine the case of the petitioners alongwith their batch-mates as well seniors within the guidelines of dicta laid down by the apex Court and rules in accordance with law, preferably within a period of 03 months. Needless to mention that any findings of that Committee can be challenged by the petitioners or by any aggrieved person through independent proceedings and not under the contempt proceedings.

At this juncture, learned counsel for the petitioners, contends that in another inquiry competent officers opined that the case of Gul Hassan Jatoi (supra) is not applicable to them with regard to promotion, suffice to say that Police Rules are binding upon authorities, however, interpretation of the apex Court and guidelines provided in judgment, particularly paragraphs 56 and 71, shall be examined as afresh and earlier opinion shall not come in the way of promotion.

JUDGE

JUDGE

Nadir*