SHC sets aside appointment of NCCIA Sindh director

KARACHI: The Sindh High Court (SHC) on Tuesday set aside the appointment of the provincial director of the National Cyber Crimes Investigation Agency (NCCIA) and directed that the senior-most eligible officer be assigned the acting charge until regular promotion.

A two-judge constitutional bench, headed by Justice Adnan-ul-Karim Memon, ruled that the post could not be temporarily filled by a junior officer in the presence of a senior officer, calling the earlier actions arbitrary and in violation of statutory rules.

The petition, filed by Shahzad Haider, who had been holding the charge of NCCIA Sindh director, challenged the posting of Additional Director Amir Nawaz—a junior officer—as acting director in April last year. Counsel Barrister Zameer Hussain Ghumro argued that the appointment violated statutory rules and bypassed proper promotion procedures.

While the respondents, including the Interior Ministry secretary, NCCIA DG, FIA, and Additional Director Nawaz, contended that seniority alone did not guarantee entitlement and questioned the SHC’s jurisdiction, the bench emphasized that the post was meant to be filled through regular promotion by the central selection board, and temporary arrangements should follow the principle of seniority.

The court also noted that after the April 2025 amendment to the Prevention of Electronic Crimes Act, 2016, the FIA cybercrime wing was dissolved and all personnel, assets, and cases were transferred to NCCIA. The petitioner’s reassignment back to FIA was therefore without lawful authority.

“Resultantly, the impugned office order dated April 30, 2025, granting look-after charge to respondent No.4 and surrendering the petitioner’s services is declared of no legal effect. The respondents are directed to assign acting charge to the senior-most eligible officer until regular promotion is made through the competent forum,” the order stated.