ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt. Petition No.D-164 of 2015
|
Date |
Order with signature of Judge |
1. For orders on office objection
2. For katcha peshi
14-12-2017
Mr. Hadi Bux Bhatt, Advocate for the petitioner
Mr.
Ahmed Ali Shahani, Assistant Advocate General
.-.-.-. -.-.-.-.-.-.-.-.-
The
present petition has been filed by the petitioner with the prayer, inter alia,
that he should be appointed in Police Department by official respondents, in
terms of the Standing Order dated 26.7.2011.
The
undisputed facts relevant for deciding the present petition are that the
petitioner’s father when the instant petition was filed, was also serving in
the Police Department as constable. Per learned counsel for the petitioner, Mr.
Hadi Bux Bhatt, representing the petitioner, that petitioner should also be
considered on merit as he fulfilled the eligibility criteria and in the past
the name of the petitioner was also recommended by the official respondents.
The
above argument was controverted by the learned AAG by placing reliance upon the
reported decision of Hon’ble Supreme Court - 2016 SCMR 1254 (Gul Hassan Jatoi
and others versus Faqir Muhammad
Jatoi and others), wherein, inter alia, the Standing Orders issued by
respondent No.2 (IGP Sindh)
from time to time were held to be not valid, as they have been issued in violation
of the Section 12 of the Police Act, 1861.
In view
of the above, since Standing Order No.211/2007 which has been invoked by the
petitioner in support of his claim, has no legal sanctity, therefore, the
instant petition cannot be accepted, which is accordingly dismissed, but with
no order as to costs.
However,
it is clarified that the petitioner is at liberty to participate in the
recruitment process in accordance with the prevailing recruitment Rules /
Policy and the respondents will consider the latter’s (petitioner’s) case
purely on merits and within the parameters of law.
JUDGE
JUDGE
Suleman Khan/PA