Federal Constitutional Court: High Court cannot replace administration in decisions

ISLAMABAD: The Federal Constitutional Court has held that a high court can examine the legality of administrative actions but, under ordinary circumstances, cannot decide in place of the administration.

The court converted the petition of police officer Munir Samoo into an appeal, accepted it and set aside the order of the Sindh High Court Larkana Circuit dated 30 June 2026.

Objection to the High Court order

The 10-page judgment, written by Justice Rozi Khan, said the High Court exceeded the limits of judicial review by ordering that Munir Samoo be removed from the Special Branch, kept posted in Karachi for one year, given no field duty and subjected to disciplinary action.

According to the judgment, the inquiry did not establish Munir Samoo’s alleged role in the raid. His role was found to be limited to issuing intelligence reports. The inquiry officer had also not recommended further action against him. However, the High Court did not properly take into account the key findings of the second inquiry.

Limits of administrative powers

According to the Federal Constitutional Court, the posting, transfer and disciplinary action of government employees fall within the authority of the competent administrative officials. Under Article 199, the courts can intervene only when excess of authority, failure to perform a legal duty or violation of a legal or constitutional right is established.

The judgment further said administrative and disciplinary actions against government employees must be lawful, fair and proportionate. A fair inquiry and the right to be heard are protected under Articles 4 and 10A of the Constitution.