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Official Citation: 2025 SHC 2047
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 3147/2025 (D.B.) Sindh High Court, Karachi - Sindh Public Service Commission & Another (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 2047. In this matter between Const. P. 3147/2025 (D.B.) Sindh High Court, Karachi - Sindh Public Service Commission & Another (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 3147/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 2047 PARTIES: Sindh Public Service Commission & Another (Petitioner) ORDER DATE: 18-AUG-25 BENCH: Hon'ble Mr. Justice Zulfiqar Ali Sangi, Hon'ble Mr. Justice Nisar Ahmed Bhanbhro(Author) A.F.R: Yes ------------------------------------------------------------ C.P No.D-3147 of 2025 Page 1 of 23
IN THE HIGH COURT OF SINDH AT KARACHI Constitution Petition No.D-3147 of 2025 [Sindh Public Service Commission and another v. National Accountability Bureau and others]
Before; Mr. Justice Zulfiqar Ali Sangi; Mr. Justice Nisar Ahmed Bhanbhro.
Petitioners : Sindh Public Service Commission and Aijaz Ali Khan through M/s . Raj Ali Wahid Kunwar and Kashif Khan, Advocates. Respondents 1 to 3 : NAB and 2 others through Syed Khuram Kamal, Special Prosecutor NAB a/w Mr. Irfan Ali, I.O./Deputy Director NAB Karachi. Mr. Muhammad Akbar Khan, Assistant Attorney General. Date of Hearing : 21.07.2025 & 24.07.2025. Date of Short Order : 24.07.2025. Dated of detailed order: 18.08.2025
J U D G M E N T
Nisar Ahmed Bhanbhro, J . Through the instant petition, the petitioners Sindh Public Service Commission [SPSC] and Aijaz Ali Khan, have challenged the inquiry proceedings initiated by National Accountability Bureau Karachi (NAB) under the allegations of corruption and corrupt practices against the Former Chairman, Members and Officials of SPSC.
2. Succinctly stated, the facts of the case as spelt out from the averments are that the Petitioner No 1 (SPSC) is a statutory body performing its functions in connection with the affairs of the province of Sindh. The Petitioner No 2 is an ex-member of SPSC, who claims to have discharged his duties diligently and honestly. The SPSC was tasked under SPSC Act 1989 & 2022 to conduct examination, make recommendations for recruitment to the posts in grade 16 and above. SPSC conducted Combined Competitive Examination - 2018 ( CCE – 2018) for recruitment to various positions in grade 17 in different departments of Govern ment of Sindh. The candidates who were not recommended for appointment and other organization s sent applications to NAB complaining corruption, favoritism and nepotism in recruitment process of CCE – 2018. The NAB initiated inquiry into the allegations of corruption and corrupt practices and issued call up notice dated 17.07.2020 and 05.05.2020 under S ection-19 of N ational Accountability
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Ordinance, 1999 (NAO, 1999) requiring Chairman SPSC to furnish record pertaining to CCE - 2018. In compliance to the notice, complete record pertaining to CCE -2018 was furnished to NAB through authorized officer on 24.02.2020 and 05.05.2020. The NAB, through call up notices dated 26.04.2022, 08.09.2022 and 01.11.2022 desired Chairman SPSC to provide complete record for CCE 2018 , the directions were accordingly complied with. The NAB remained silent until 2025, when vide call up notice dated 04.06.2025 issued under Section 19 of NAO 1999, the Chairman SPSC was required to furnish information and records pertaining to CCE – 2018 and other examinations and personal details of the former Chairman, Former Members and Officers of SPSC . The Petitioners appeared before NAB, where they we re subjected to harassment and humiliation. The Petitioners informed NAB that matter regarding CCE – 2018 was a past and closed transaction and settled at rest by Honorable Apex Court and cannot be re - opened. The continuation of inquiry by NAB, on the ill -founded allegations of misuse of authority, was abuse of the process of law. They have prayed for quashing the inquiry.
3. On notices, the investigation officer of the case, Deputy Director N AB, Mr Irfan Ali along with Special Prosecutor NAB appeared before the Court and filed reply along with copies of complaints and relevant record. NAB asserted that the inquiry in the matter was initiated on complaints , containing allegations of corruption, corrupt practices, favoritism, anomalies and malpractices in recruitment process of CCE – 2018. The inquiry was approved by Chairman NAB in year 202 1. The inquiry was assigned to incumbent IO in the month of January 2025. In order to unearth the charges of corruption and corrupt practices allegedly committed by Former Chairman, Former Members and Officers of the SPSC call up notice under section 19 of the NAO, 1999 was issued to furnish relevant record. No harassment was caused to the accused under inquiry. The SPSC was not cooperating with inquiry officer, the inquiry was under progress and conducted in accordance with law . Petition was not maintainable and liable to be dismissed.
4. Mr. Raj Ali Wahid Learned Counsel for the Petitioners contended that Petitioners were under unabated harassment at the hands of NAB sin ce year 2020. The NAB was probing in the matter pursuant to the complaints of misuse of authority, corruption and corrupt practices in CCE – 2018. He argued that t he aggrieved candidates also filed Petition No D -2696/2019, (titled Imtiaz Thebo & another vs. Province of Sindh and others), before th is Court at its Circuit Bench Hyderabad. The Petition was disposed of along with other connected petition s vide a consolidated Judgment dated 03.06.2021 , wherein results of CCE 2018 were declared null and void and cancelled. He argued that SPSC challenged the order passed by this Court before Honorable Apex Court through Civil Appeal Nos.1502 to 1508 of year 2021. The Honorable Supreme Court of Pakistan in its Order dated 06.09.2022 validated the recommendations of SPSC for CCE-2018 and
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restored SPSC for further operations . He argued that the NAB initiated inquiry to probe into the anomalies in the recruitment process of CCE – 2018. He argued that NAB issued notice dated 17.02.2020 directing SPSC to furnish the complete and relevant record pertaining to CCE -2018. In compliance to t he said directive, SPSC su bmitted relevant record to NAB on 24.02.2020. NAB thereafter issued another notice dated 05.05.2020 for submission of additional record and information which was provided to NAB through office letter dated 1 9.05.2020. He contended that the Honorable Supreme Court of Pakistan set at rest the dispute regarding CCE – 2018 and pursuant to the recommendations of SPSC, the appointment letter s were issued to the successful candidates by Government of Sindh and they were working as regular employees. He contended that NAB remained silent for about more than Three Years and issued call up notice dated 04.06.2025 directing SPSC to produce the record of CCE – 2018 and other examinations. The SPSC through its authorized officers submitted the entire record vide letter dated 30.06.2025. He contended that inquiry was an attempt to harass and humiliate the officers of SPSC as since 2020 no material was collected to substantiate the allegations of corruption and corrupt practices . He argued that the inquiry was nothing but a colorful exercise of powers. He contended that the NAB under the garb of inquiry was holding media trial of SPSC and its staff members. He contended that there was no evidence against the Petitioners to substantiate the charges of corruption and corrupt practices. In last he prayed for quashing the inquiry.
5. Syed Khuram Kamal, Learned Special Prosecutor NAB , assisted by Mr Muhammad Akbar Khan Assistant Attorney General for Pakistan and Mr. Irfan Ali, I.O./Deputy Director NAB Karachi contended that NAB Head Quarters Islamabad and its Karachi Bureau received several complaints regarding corruption and corrupt practices by the Members, Chairman and Officers of SPSC. Complainants accused the Chairman, Members and Officers of SPSC were involved in corruption, malpractices, favoritism and nepotism and recommendations for recruitment in CCE – 2018 were made under extraneous considerations . He argued that there were complaints of corruption and corrupt practices against the Chairman, Members and Officers of SPSC, which were the subject matter of the inquiry. H e contended that the inquiry was being conducted in accordance with law and allegations of harassment and misuse of powers were baseless. He argued that this Court lacked jurisdiction to interfere into the inquiry proceedings. He contended that the matter was still at inquiry stage and NAB summoned SPSC to produce record, they failed to furnish complete record. He contended that SPSC was under an obligation to furnish record relevant to the inquiry but it failed and assailed the inquiry proceedings before this Court. He contended that the petition was not maintainable , vague and misconceived, hence liable to be dismissed with costs.
6. Heard Arguments, perused material available on record.
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7. The Respondent /NAB has disputed the maintainability of this Petition on the score that this Court cannot interfere into inquiry proceedings. Article 199(1)(a)(ii) of the Constitution empowers this Court to judicially review the acts done or proceedings taken by the persons performing functions in connection with the affairs of the Federation, a Province or a local authority. It is within the dominion of th is Court to exercise its power of judicial review to evaluate and weigh upon the executive actions in order to maintain and sustain the rule of law, check and balance and render such action or decision null and void an unlawful and of no legal effect , if found taken beyond the bounds of law. The judicial review can be sought if the decision maker was misdirected in terms of the law, exercised a power wrongly, or improperly purported to exercise a power that it does not have, which is known as acting ultra vires. The officer of the NAB while conducting an inquiry or investigation for the offences of corruption and corrupt practices discharge their duties in connection with the affairs of Federation and actions taken by them we re thus amenable to the jurisdiction of th is Court under Article 199(1)(a)(ii) of the Constitution for judicial review . This Court can declare such acts of th e NAB, to have been taken without lawful authority and of no legal effect if found to be so and can also make any appropriate incidental or consequential order to put into force its decision.
8. This View is fortified by the judgment of Honorable Supreme Court in the case of F.I.A. through Director General, FIA and others Versus Syed HAMID ALI SHAH and others reported as P L D 2023 Supreme Court 265 wherein it has been held:
“6. Article 199(1)(a)(ii) of the Constitution empowers the High Courts to judicially review the acts done or proceedings taken by the persons performing functions in connection with the affairs of the Federation, a Province or a local authority and if find such acts or proceedings to have been done or taken without lawful authority, to declare them to be so and of no legal effect. The registration of an FIR and the doing of an investigation are the acts of officers of the police department (a provincial l aw enforcement agency) who perform functions in connection with the affairs of a Province and are thus amenable to the jurisdiction of the High Courts under Article 199(1)(a)(ii) of the Constitution. The High Courts can declare such acts of the police officers, to have been made without lawful authority and of no legal effect if they are found to be so and can also make any appropriate incidental or consequential order to effectuate its decision, such as quashing the FIR and investigation proceeding. The ac ts of registering the FIR and conducting investigation by the officers of the FIA, in the present case, are also subject to said jurisdiction of the High Court, as
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they have been done by the officers performing functions in connection with the affairs of the Federation.”
9. Since the NAB was conducting inquiry into the charges of corruption and corrupt practices against the Officers, Members and Chairman of the SPSC. The accused facing inquiry were the aggrieved persons and can challenge such inquiry before this Court under its writ jurisdiction for judicial review. Since SPSC is a legal entity and no criminal proceedings can be initiated against SPSC. The officers, Members and Chairman if found involved in corruption and corrupt practices, they shall be held accountable under personal capacity for the said charges. Since SPSC was not an aggrieved party , therefore, instant Petition to the extent of Petitioner No 1 was not maintainable. So far as the grievance of Petitioner No 1, regarding medial trial and character assassination of the institution are concerned, the NAO 1999 provided an adequate remedy and relief in terms of section 33 F and 33G, the SPSC may resort to the referred provisions of law for prosecution of the concerned NAB officials if so advised. We will therefore examine this Petition in respect of the Petitioner No 2 only.
10. We advert to the issue of quashing the inquiry proceedings initiated by the NAB against the Petitioner No 2 and others. The scanning of the material made available to this Court by the parties , revealed that NAB Head Quarter Islamabad and NAB Karachi received complaints from Faiz Mohammed, Riaz Ahmed Narejo, staff of SPSC, Shafqat Ali, Ghulam Nabi, Arshad Ali, unknown candidates of SPSC for CCE – 2018 raising serious questions over the recommendation of SPSC for CCE – 2018. After the complaint verification, the NAB Islamabad placed the case before 359 th Executive Board Meeting held on 22.04.2021 for approval of inquiry, which was accorded and matter was referred to Chairman NAB for authorization . The Chairman NAB by exercising its powers conferred under section 34 – A of the NAO, 1999 , authorized Director General NAB Karachi to inquire into the complaints through order dated 22.05.2021. Record evidenced that Director General NAB Karachi through its letter dated 23.09.2021 appointed Mr. Ghulam Abbas as Investigation Officer. The matter remained under inquiry for about three years when Director General NAB Karachi vide its letter dated 15.10.2024 changed the investigation officer and appointed Mr Nimar Bahadur Ghori to conduct further inquiry. It appears that Second investigation Officer could not proceed with the inquiry therefore again investigation officer was changed and vide letter dated 17.01.2025 , Mr Irfan Ali Deputy Director NAB was appointed Investigation Officer to conduct further inquiry and sub mit final report. The Investigation Officer through call up notice dated 04.06.2025 required the Chairman SPSC to furnish record of the Constitutional Petitions filed against SPSC either pending or disposed of, regarding irregularities in recruitment process of CCE – 2018 or against any recruitment process . Complete record of service,
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including personal files of Former Chairman, Members and Officers of SPSC. Para No 3 of the call up notice being relevant is reproduced for the ease of reference:
"3. You are also requested to direct the concerned officer to produce the wing original record and its certified copies on the above - mentioned date: a) Complete record of all constitutional petitions filed against Sindh Public Service Commission (SPS) in Apex Courts (either pending or disposed of regarding irregularities in recruitment process of CCE -2018 or against any other recruitment process carried out by SPSC afterwards. b) Complete record of service including Personal files maintained by the department, Assets Declaration Proforma, summary of service record and detail of Disciplinary proceedings (if any) of following: Sr No. Name Designation 1. Noor Muhammad Jadmani Ex-Chairman 2. Ejaz Khan Durrani Member 3. Aftab Anwar Shah Member 4. Haresh Channder Member 5. Saindad Solangi Member 6. Ghulam Shabbir Shaikh Member 7. Ahmed Ali Qureshi Secretary 8. Abdul Karim Durrani Secretary 9. Hadi Bux Kalhoro Controller 10. Saukat Ujjan Controller 11. Javed Chaher Director, IT 12. Imtiaz Jagirani Add. Controller 13 Muhammad Usman Memon Asst. Controller 14. Abdul Khaliq Jamali Asst. Controller 15 Ikhalq Ahmed Kalwar Deputy Director 16 Sohail Patoli Asst. Director
Any other information relevant to the fact in issue 4. It is made clear that non -compliance of directions contained in this notice, will amount, consciously and deliberately and with malice compromises, hampering, misleading, jeopardizing or defeating the inquiry for which you shall be liable to be
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prosecuted under Section 31 of NAO, 1999 having the punishment up to ten years
11. The language contained in the call up notice inferred that NAB was seized with an inquiry related to CCE – 2018 and the charges of Corruption and Corrupt Practices against officers, ex – Chairman and former members of SPSC . The NAO, 1999 was enacted to probe into the matters of mega corruption, as for the offences relating to corruption and corrupt practices were concerned , “The Prevention of Corruption Act 1947” was in the field. The Federal Investigation Agency at Federal Level and Anti - Corruption Establishment at Provincial Level were engaged in detection of white -collar Crimes and prosecution of the accused.
12. As evidenced from record , besides the complaints received by NAB, Imtia z Ali Thebo and others who were candidates in SPSC challenged the recommendations of SPSC for CCE – 2018 through constitution Petition bearing No. D -2696/2019 filed before Circuit Bench Hyderabad of this Court. The Learned Division Bench of this Court disposed of the petitions vide a consolidated Judgment dated 03.06.2021. The operative part (Para No 38) of the judgment is reproduced hereunder for ease of reference: -
"38. Having come to the irresistible conclusion that, when (a) the framers of the Constitution consciously chose to abstain from making provisions for mandatory creation of Public Service Commission; (b) the Chief Minister of Sindh having no powers to appoint Chairman and Members of the Commission under Rule 5(II)/Schedule -IIl/Entry(3) of the Sindh Government Rules of Business 1986; (c) the appointments of Chairman and Members of the Commission made under Rule 5(2) and (3) of Sindh Public Service Commissio n (Appointment of Chairman and Member) Rules 2017 being violative of the Rules of Business and made with utter disregard to the maintenance of political neutrality of the Commission; (d) No right to appeal having been provided to an aggrieved person; (e) Chairman and Members having taken no oath of office; (1) function of "Examination" of candidates restricted to Testing and then narrowed down to Interviewing under the Sindh Civil Servants (Functions) Rules, 1990 being ultra vires to the provisions of 1989 Act; (g) no Annual Reports as required by Section 9(1) of the Act, 1989 having been made available to the Public; (h) no data having been made available with regards advice refusal of the Commission under Section 8 of the Act, 1989 then how could one expect that any legit and useful fruit could be borne by this skewed and merit -throttling recruiting process; that's why Courts are kept engaged by
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Commission's Members and operatives constantly on a permanent basis since inception of the Commission in the year 1989 when the said Act was enacted for no Constitutionally compelling reasons in the presence of Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974; the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975; the Sindh Civil Servants Act, 1973 and half a dozen alike laws/rules; and whereas, the Province (to a great extent) had been well served by honest, qualified and motivated civil servants before 1989 when this institution in its present form was born - according to one view, to serve as "one window facility to foster whole - sale corruption" , has lost every shred of legitimacy and ought to be brought to a nullity in its present form. Accordingly for these reasons: i. Implementation of Sindh Public Service Commission Act, 1989 (in Its present form) being ultra vires to the Constitution, Sindh Public Service Commission (Appointment of Chairman and Member) Rules 2017 being violative of the Sindh Government Rules of Business, 1986; Sindh Public Service Commission (Functions) Rules, 1990 being ultra vires to the Sindh Public Service Commission Act 1989 are suspended forthwith. ii. All test, Interviews, selection, appointments, tenders etc. or any act doable under the Sindh Public Service Commission Act, 1989 or the Rules/Regulations made thereunder are suspended forthwith. Individuals suspended by our order dated 15.04.2021 shall remain so. iii. In case the Provincial Government wishes to re -enact these Lazus/rules, it may draw some Inspiration from such laws enacted in developing countries like Australia or New Zealand to deliver the premise of "right man/woman for the right Job" without fear or favour. iv. In the meanwhile, all new recruitments strictly on merit be made in the same manner as those appointments were made prior to the enactment of the Sindh Public Service Commission Act, 1989, as if the said Act never existed. v. In view of the foregoing, results and proceedings ensued in respect of Combined Competitive Examination 2018 are set aside and cancelled. vi. Results of the 1,783 posts of Medical Officers & Women Medical Officers (BPS -17) purported to be appointed through advertisement dated 19.07.2018 are set aside and cancelled.
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vii. The Petitioners, affecttes and all those interested to apply to the concerned departments for the relevant Jobs after these departments place de novo advertisement in accordance with law for such appointments and the departments) to consider received applications purely on merit, following all applicable formalities. These petitions along with all pending applications are disposed of in the above manner. Let a copy of this order be sent to all Heads of Departments listed in Column 4 of Schedule-1 (Rule - 3 (i) of the Sindh Government Rules of Business, 1986 forthwith and let website of the Sindh Public Service Commission (where none of the laws, rules or regulations pertaining to the Commission were made available) be immediately taken off the Internet".
13. Learned Division Bench of this Court declared SPSC, Act 1989 and SPSC Rules 2017 ultra vires to the constitution, consequently the recommendations for CCE – 2018 and appointments of Medical Officers w ere set at naught and cancelled. The provincial government was set at liberty to enact new recruitment laws by taking assistance from the laws applicable in the developing countries.
14. The record further transpired that Order dated 03.06.2021 passed by this Court was assailed before Honorable Supreme Court through Civil Appeal Nos.1502 to 1508 of 2021. The Hon orable Apex Court disposed of the civil appeals vide order dated 06.09.2022. The Honorable Apex Court not only restore d the SPSC in its original position but also validated the appointments made under the CCE -2018. The order reads as follows: -
"2. Having heard the learned counsel for the parties, gone through the judgment of the High Court as well as examining the provisions of Section 14 reproduced above, the position that merges is that a new situation has arisen by virtue of repeal of the Sindh Public Service Commission Act, 1989 and enactment of the Act, 2022. Considering the fact that in most instances, the prayers granted by the Sindh High Court were limited to the extent of suspending the proceedings being undertaken under the old law. However, in terms of paragraphs No.5 & 6 of the operative part of the impugned judgment, we have sought clarification from the Additional Secretary, Services Sindh who has clarified, on instructions and after consultation with the Advocate General, Sindh to the following effect:
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i. The medical officers and women medical officers B -17 who had been appointed, 1783 in numbers, had been duly appointed after following the procedure provided in law, had appeared for the said posts and met the educational and experience requirements. They have been in service since 2018 and have also completed their training. They shall continue to work in the posts against which they were appointed and their appointments stand saved…
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