Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1433. In this matter between Const. P. 2250/2026 (D.B.) Sindh High Court, Karachi - Nizam U Din Kolachi (Inpector) (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. 2250/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1433 PARTIES: Nizam U Din Kolachi (Inpector) (Petitioner) ORDER DATE: 13-JUL-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-2250 of 2026 (Nizam-u-Din Kolachi (Inspector) v Province of Sindh & others)

Date Order with signature of Judge(s) Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhary

Date of hearing and Order: 13.07.2026

Petitioner is present in person. Syed Ali Ahmed Zaidi Addl. A.G. Sajid Gujjar, DSP Legal, CPO Karachi. ********** O R D E R

Adnan-ul-Karim Memon, J. – Petitioner Nizam-u-Din has filed this petition under Article 199 of the Constitution seeking a declaration that the impugned actions of the Respondents are illegal and without lawful authority. He further prays for directions to assign him a lawful posting in accordance with law and to restrain the Respondents from taking any adverse or coercive action against him. 2. The Petitioner, appearing in person, submits that he is a serving officer of Sindh Police holding the rank of Inspector and is entitled to fair treatment in accordance with t he Constitution and the service laws. After his promotion through Notification dated 31.12.2025, he was directed to assume charge; however, subsequent transfer orders were issued without assigning him a lawful place of posting. Although he was later transf erred to SSP Traffic District East, Karachi, Respondent No.3 declined to accommodate him on the ground that no vacancy for the post of Inspector was available. It is submitted that due to the contradictory and arbitrary actions of the Respondents, the Petitioner has been left without any lawful posting, causing serious prejudice and hardship. He submits that despite submitting representations to the Inspector General of Police, Sindh, no action has been taken. The Petitioner contends that the impugned actio ns are illegal, arbitrary, without lawful authority, and violative of Articles 4, 9, 18 and 25 of the Constitution, as a government servant cannot be deprived of a lawful posting after promotion due to administrative lapses. He, therefore, prays that the Respondents be directed to provide him with a proper posting in accordance with law. 3. Learned A.A.G. submits that the petition is misconceived. He contends that the petitioner was transferred from Karachi Police Office to Traffic Police Karachi, joined his duties on 19.02.2026, and thereafter, on his own request made on residential grounds, was transferred to Traffic District East, Karachi. He further submits that the petitioner was subsequently posted at Tipu Sultan Traffic

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Section, District East, vide order dated 16.04.2026, where he is presently serving. He, therefore, argues that the pet ition has become infructuous and liable to be disposed of. 4. We have heard the Petitioner, who appears in person, as well as the learned A.A.G., and have perused the material available on record. 5. The controversy primarily relates to the Petitioner's g rievance regarding his posting after promotion. The Respondents, on the other hand, have taken the categorical stance that the Petitioner has already been posted and is presently performing his duties at Tipu Sultan Traffic Section, District East, Karachi. Primarily d etermination of the Petitioner's entitlement to any particular posting involves examination of administrative and service matters, which, in the first instance, fall within the domain of the competent authority. At the same time, every public servant is entitled to fair, lawful and transparent consideration of his grievance in accordance with the applicable service rules and the principles of good governance. 6. In these circumstances, we cannot touch the issue of transfer and posting of the Po lice officer, which is the domain of competent authority, therefore without expressing any opinion on the merits of the respective claims, this petition is disposed of with a direction to the Inspector General of Police, Sindh/Respondent No.1, or an office r duly authorized by him, to examine the Petitioner's grievance, including his claim regarding his posting, strictly in accordance with the relevant law, rules and policy. If, upon such examination, the Petitioner is found entitled to any relief or posting under the law, an appropriate order shall be passed and implemented, if warranted, within three (03) weeks from the date of receipt of a certified copy of this order after affording the Petitioner an opportunity of hearing. The decision so made shall be communicated to the Petitioner forthwith. 7. The petition stands disposed of in the above terms, along with all pending applications, if any. JUDGE

JUDGE

Shafi

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