5653/2025 Const. P. Irfan Qazi (Petitioner) V/S Province of Sindh & Others (Respondent)

5653/2025 Const. P. Irfan Qazi (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: 23-APR-26

In light of the foregoing discussion, this Court is of the considered view that the present petition, being in the nature of a writ of quo warranto, is maintainable and cannot be defeated by objections relating to locus standi or the availability of alternate remedies. Besides, the grant of proforma promotion to Respondent No. 8, in the peculiar facts of the case, was/is legally unsustainable, as it operates to circumvent binding judicial directions and is therefore void. Likewise, the impugned reinstatement order, having been passed through a process in the nature of a ???review upon review??? without any justiciable reason is without lawful jurisdiction and thus coram non judice, even order the review jurisdiction. Consequently, the continuance of Respondent No. 8 in public office on the basis of such legally flawed actions cannot be sustained under the law. 18. Consequently, the petition is disposed of with the understanding that the impugned orders relating to proforma promotion and reinstatement of Respondent No. 8 are without lawful justification and are hereby annulled. The respondents are directed to proceed strictly in accordance with law. All pending application(s) stands disposed of in the aforesaid terms.