4907/2025 Const. P. Eijaz Ali (Petitioner) V/S Province of Sindh & others (Respondent)

4907/2025 Const. P. Eijaz Ali (Petitioner) V/S Province of Sindh & others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 09-MAR-26

In view of the above facts and circumstances of the case, we are of the considered view that he appointment of Respondent No.4 as Inspector General Prisons (BS-21) vide Notification dated 05.06.2025 has been made in accordance with the Sindh Prisons and Corrections Services (Amendment) Act, 2025, which expressly authorizes the Chief Minister to appoint the IG from officers of BS-21/20 belonging to the Police Service of Pakistan, Pakistan Administrative Service, Executive Provincial Civil Service, Provincial Management Service, or the Sindh Prisons and Corrections Service. Respondent No.4, being a BS-20 officer of the Police Service of Pakistan, prima facie fulfills the statutory eligibility criteria for the post. The Amendment Act enlarges the pool of eligible candidates and grants the Government discretion in appointments, and such statutory discretion cannot be questioned through a writ of quo warranto unless a clear illegality is established. The procedural requirements under the APT Rules, 1974, including PSB recommendation, do not override the specific statutory authority granted by the Amendment Act. Reliance on general service rules or prior notifications cannot invalidate a statutory appointment made in accordance with a special law. There is no evidence of mala fide or unlawful exercise of discretion, and the appointment does not violate any statutory provision. 15. In view of the above, the petition seeking issuance of a writ of quo warranto against Respondent No.4 is dismissed along with pending application(s).