PESHAWAR: The Peshawar High Court has cancelled the appointment of a Grade-7 police constable as acting Deputy Superintendent of Police in Mohmand district. A two-member bench comprising Justice Syed Arshad Ali and Justice Inamullah Khan announced the ruling while hearing a writ petition. Advocate Fazal Shah Mohmand represented the petitioners.
The court found that placing a junior official in a senior position through an acting charge lacked legal justification. It also ruled that such appointments undermine established service rules and the principle of merit.
Court Questions Acting DSP Appointment
The bench observed that appointing junior officers to senior posts can create a sense of deprivation among qualified and experienced officials. It can also affect their legal rights.
Furthermore, the court noted that executive authorities cannot exercise discretionary powers without limits. Such decisions must remain transparent, regulated and aligned with public interest.
According to the judgment, Constable Ayaz Khan previously served with the former Khasadar Force in Mohmand district. The provincial government inducted him into the Khyber-Pakhtunkhwa Police Force as a constable through a notification issued on February 11, 2020.
However, authorities appointed him acting DSP of Anbar through a notification dated September 15, 2025.
Islam Shah and three other petitioners challenged the appointment before the high court.
Legal Requirements for DSP Position
The court referred to Section 29 of the Police Act 2017, which establishes eligibility requirements for DSP appointments. Under the law, 25% of DSP positions go to graduate inspectors through competitive examinations. The remaining 75% are filled from inspectors following recommendations by a departmental committee.
The court found that Ayaz Khan did not meet the legal eligibility criteria for the DSP position. Despite this, authorities assigned him acting charge of the senior post.
The bench concluded that temporary or acting appointments without legal backing violate service rules and merit principles. It also referred to previous Supreme Court and high court judgments supporting its position.
The ruling reinforces the requirement that public appointments must follow established legal procedures. It also stresses that authorities must respect merit and eligibility requirements when assigning officers to senior positions.
