| Citation(s) |
|---|
| 2001 SLG 784 2001 SLD 784 2001 SCMR 65 |
Supreme Court of Pakistan
Civil Petitions Nos. 111--Q and 116-Q of 1998, decided on 24th May, 2000. (On appeal from the judgment of the Balochistan Service Tribunal, Quetta, dated 26-6-1998 passed in S.A.No. 52 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY AND, JAVED IQBAL, JJ
Raja M. Afsar, Advocate-on-Record/Advocate Supreme Court for Petitioners. Salah-ud-Din Mengal, Advocate Supreme Court and Mrs. Ashraf Abbas, Advocate- on-Record for
Respondents
Civil Petitions Nos. 111--Q and 116-Q of 1998, decided on 24th May, 2000. (On appeal from the judgment of the Balochistan Service Tribunal, Quetta, dated 26-6-1998 passed in S.A.No. 52 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY AND, JAVED IQBAL, JJ
Raja M. Afsar, Advocate-on-Record/Advocate Supreme Court for Petitioners. Salah-ud-Din Mengal, Advocate Supreme Court and Mrs. Ashraf Abbas, Advocate- on-Record for
Respondents
ABDUL SAMAD UMRANI and anothers
VS
ZAHID ALI BADINI, DSP and 4 others
Law: Balochistan Deputy Superintendents of Police Service Rules, 1978
Section: 6,5
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Balochistan Government Rules of Business, 1976
Section: 18,21
Balochistan Deputy Superintendents of Police Service Rules, 1978-- ----Rr.6 & 5---Balochistan Government Rules of Business, 1976, Rr.18 & 21---Constitution of Pakistan (1973), Art.212(3)---Method of initial recruitment and promotion to the post of Deputy Superintendent of Police--Recommendations of Selection Committee for promotion of Inspectors of Police to the post of Deputy Superintendent of Police---Reversal of such recommendations by the Chief Minister of the Province and his Secretary--Validity---Chief Minister of the Province was not authorised to make any promotion in view of the categoric provisions made in R.6 of Balochistan Deputy Superintendents of Police Service Rules, 1978---Principles. Chief Minister was not authorised to make any such promotion in view of the categoric provisions as made in the Balochistan Deputy Superintendents of Police Service Rules, 1978. In this regard Rule 6 can be mentioned concerning with the method of initial recruitment and promotion to the post of Deputy Superintendent of Police. A mechanism has been evolved regarding initial recruitment and by way of promotion to the post of Deputy Superintendent of Police by allocating 50% of quota to each category. It is also provided that such promotion shall be made from amongst the Inspectors whose names are placed in the Select List required to be prepared by the Inspector-General of Police as enshrined in sub-rule (2) of Rule 6. The Selection List has its own significance and no alteration or modification can be made therein without having the prior approval of Selection Authority constituted under rule 5 of the Balochistan Deputy Superintendent of Police Service Rules, 1978 and "means a Selection Committee consisting of Chief Secretary as its Chairman, Home Secretary and Inspector-General as its members, on the recommendations of or in consultation with which the Government may make appointment of the Deputy Superintendent of Police in Balochistan against the vacancies specified in sub-rule (b) of rule 6(1)". No change or modification whatsoever having been made in the Selection List by adopting the methodology as provided under the said rules and accordingly the…
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