4976/2020 Const. P. Naseer Khan (Petitioner) V/S Province of Sindh and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 11-NOV-20
Petitioner has called in question the rejection of his candidature for the post of District Public Prosecutor (BS-19) in Law Department, Government of Sindh vide letter dated 18.10.2019 issued by Sindh Public Service Commission Hyderabad (SPSC) on the analogy that he did not possess ten (10) years' experience as an Advocate of High Court ---In our view, the submission of respondents will be counterproductive and would prevent good Advocates from accepting appointments in civil service if this analogy persists. The second limb of the argument of the respondents is that once an Advocate is appointed as a Law Officer in any department of the Government of Sindh, he cannot be appointed to the post of District Public Prosecutor has to be ruled out for the understanding that it does not appeal to logic--We, therefore, hold that ten (10) years' service experience includes a period of serving as a law officer, which counts active practice at the bar which petitioner possesses and therefore is qualified to appear for the subject test for the position of District Public Prosecutor--In the light of the above facts and circumstances of the case, the competent authority of SPSC is directed to allow the petitioner to appear in the subject interview and after conducting his interview announce the result accordingly within two (02) weeks from today.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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