Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 179. In this matter between Const. P. 1063/2025 (D.B.) Sindh High Court, Karachi - Mudasar Jilani (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.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 1063/2025 (D.B.) Sindh High Court, Karachi CITATION: 2025 SHC KHI 177 PARTIES: Mudasar Jilani (Petitioner) ORDER DATE: 27-MAR-25 BENCH: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH AT KARACHI CP. No. D-1063 of 2025 (Mudasar Jeelani v Province of Sindh & others) Date Order with signature of Judge Before: Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon

Date of hearing and Order: 27.03.2025

Mr. Ahmed Hussain advocate for the petitioner

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Adnan-ul-Karim Memon, J The petitioner, a police Sub-Inspector, was appointed ASI in 1995 and promoted in 2012. He was transf erred to Karachi in 2017 but couldn't join due to medical issues. He was then transferred back to Hyderabad and served in District Thatta, where he performed well and received a commendation. Despite this, he was dismissed from service in December 2017 for alleged absenteeism from March to December 2017, a period during which he was actively serving in Thatta. He claims he received no prior notice or opportunity to defend himself. 2. Learned counsel for the petitioner argues this dismissal is unlawful and unjust. He also states he has not received his salary since March 2017, causing severe hardship for his family. He has exhausted all other avenues and seeks the court's intervention for reinstatement and payment of his back salary and benefits. 3. We have heard the learned counsel for the petitioner on the maintainability of the petition. 4. Initially, this court addressed the maintainability of the petition under Article 199 of the Constitution. The petitioner, being a Civil Servant as defined by Section 2 (a) of the Service Tribunal Act 1973, is subject to Civil Servant Rules. Section 3(2) of the Act grants the Service Tribunal exclusive jurisdiction over matters related to Civil Servant service terms, including disciplinary actions, effectively barring oth er courts from jurisdiction, as reinforced by Article 212 of the Constitution. Citing the Supreme Court's ruling in Azhar Ali Khan Baluch v. Province of Sindh , this court emphasized that a Civil Servant cannot invoke Article 199 due to this explicit jurisd ictional bar. Besides, the disciplinary matters are considered part of the 'Terms and Conditions of Service.' Therefore, service-related issues concerning Civil Servants cannot be addressed through a Constitutional Petition. The petitioner has the appropri ate legal avenue to challenge both the dismissal order and any appellate order by appealing to the Sindh Service Tribunal if not passed earlier.

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5. Given the presented facts and circumstances, the Court concludes that the Petitioner has not established suf ficient grounds for intervention. Consequently, the petition and any related applications are dismissed. The Petitioner has to pursue his remedy through an appeal before the competent authority. If such an appeal has not yet been decided, it should be addressed. Following that decision, the Petitioner may then seek further recourse before the Service Tribunal.

JUDGE

HEAD OF CONST. BENCHES

Shafi

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