Karachi, August 10, 2024 – The Sindh High Court (SHC) has delivered a significant ruling by dismissing the petition of 12 senior officials from the Inland Revenue Service (IRS), who had challenged their recent transfers to the Federal Board of Revenue’s (FBR) administrative pool.
This decision, which underscores the court’s stance on civil service matters, marks a critical moment in the ongoing restructuring efforts within the FBR.
The petition, filed by IRS officers stationed in Karachi, came in response to their transfer orders issued by the FBR in mid-2024. The FBR, in its ongoing efforts to enhance efficiency and ensure integrity within its ranks, had undertaken a reshuffling process that impacted several key positions within the IRS. The affected officers, citing concerns over the fairness of the transfer criteria, sought legal recourse and managed to secure a temporary stay order from the SHC in July 2024.
However, following a detailed post-vacation hearing, the SHC rejected the officers’ plea, stating that their grievances did not merit intervention through a civil suit. The court highlighted that the appropriate forum for such disputes is the service tribunals, which are specifically empowered to address matters concerning the terms and conditions of civil servants.
In its ruling, the SHC emphasized that the FBR’s notifications regarding the transfers were clear and did not indicate any form of demotion or placement on “Officer on Special Duty” (OSD) status. The court further noted that the petitioners had not sought a declaration from the court that their transfers were equivalent to being placed on OSD, thereby limiting the scope of their challenge.
The SHC’s decision also referenced Article 212 of the Constitution, which grants exclusive jurisdiction to service tribunals in cases involving the terms of service of civil servants. The court’s reaffirmation of this constitutional provision serves as a reminder of the specialized legal pathways available for government officials to seek redress.
Legal experts have noted that this ruling is likely to have broader implications for civil servants across the country, particularly those seeking to challenge administrative decisions through civil courts. The dismissal of the IRS officers’ petition reinforces the principle that service-related grievances should be addressed through the established service tribunal system rather than through general civil litigation.
As the FBR continues its efforts to reform and streamline its operations, this court ruling may deter future attempts by officials to seek judicial relief outside of the prescribed legal channels. The case highlights the judiciary’s role in upholding the integrity of administrative decisions within the civil service framework.
