KARACHI (HRNW)- The Constitutional Bench of the Sindh High Court has declared the act of granting the temporary charge of a Grade-20 post to a junior officer as illegal. While hearing a petition filed against the appointment within the National Cyber Crimes Investigation Agency (NCCIA), the court ordered that the temporary charge of the Director’s post must be handed over to the most senior eligible officer. The petitioner’s counsel argued that the temporary charge of Director NCCIA was handed over to a junior officer in April 2025, despite the presence of senior officials.
The counsel for the petitioner, Shehzad Haider, contended that under the Civil Servants Rules, appointments to such posts should be made either through regular promotion or by giving temporary charge to the most senior officer. He further maintained that as a Senior Additional Director, the petitioner was fully eligible for the charge, and bypassing him in favor of a junior was a clear act of discrimination. Although the government prosecutor argued that the matter fell under the jurisdiction of the Service Tribunal, the court clarified that this case involves legal authority and the interpretation of rules rather than a mere service matter.
The court’s judgment noted that giving “look-after” charge to a junior officer in the presence of seniors contradicts the principles of seniority, transparency, and equal opportunity. The bench also observed that following recent amendments, the Cyber Crime Wing of the FIA has been abolished, and its staff has been transferred to the NCCIA. Consequently, the court termed the administrative order to send an officer back to the FIA as prima facie illegal. The court directed that the senior-most officer be given charge until regular promotions are made and ordered the authorities to review the decision of surrendering the petitioner’s services to the FIA within two weeks.
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