5241/2022 Const. P. Mukhtiar Ahmed and Others (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
5241/2022 Const. P. Mukhtiar Ahmed and Others (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: 16-APR-26
In the present case, the respondents have demonstrated compliance by conducting a review and passing a speaking order, while maintaining that the petitioners were not entitled to appointment on merit and legal grounds. The action complained of, at best, reflects an adverse administrative conclusion rather than defiance of judicial command. It is also noteworthy that the underlying recruitment process has attained finality through prior judicial pronouncements, and the present proceedings, under the guise of contempt, effectively seek reconsideration of concluded adjudication, which is impermissible. 8. In these circumstances, the essential ingredients of contempt, namely willful and deliberate disobedience of a clear court order, are not made out. Accordingly, the contempt application appears to be misconceived and not maintainable, warranting dismissal. However the petitioners are at liberity to assail the legality of the speaking order before appropriate form which shall be decided on merits if filed subject to all just exceptions as provided under the law.