737/2026 Const. P. Zahid Hussain (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
737/2026 Const. P. Zahid Hussain (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: 21-APR-26
It is also a settled principle of law that an order of promotion issued through a lawful departmental process carries a presumption of legality and validity unless it is lawfully set aside by a competent authority after due process. Interim interference with such an order, particularly without strong and legally sustainable reasons, not only disturbs settled service rights but also causes irreparable prejudice to the employee concerned. 12. Viewed in its entirety, the impugned order dated 12.01.2026 suffers from jurisdictional defects, procedural irregularity, and legal impropriety. The Tribunal has failed to exercise its discretion in accordance with settled judicial principles governing grant of interim relief, resulting in a manifest miscarriage of justice. 13. Accordingly, it is concluded that the impugned order and the consequent proceedings are without lawful authority, coram non judice, and is set aside. The Petitioner, therefore, is entitled to restoration of his lawful status, along with protection from any coercive action, pending final adjudication of the matter in accordance with law. 14. This petition along with pending application(s) is disposed of in the above terms.