| Citation(s) |
|---|
| 2017 SLG 1462 2017 SLD 1462 2017 PLC 1242 |
Supreme Court of Pakistan
Civil Misc. Applications Nos. 687, 719 and 1551 of 2017 inCivil Review Petition No. 49 of 2016 and Criminal Org.Petition No. 33/2017 in C.R.P., 481/2016 in C.A. No. 184-Lof 2013 and Crl. Org. Petition No. 55/2017 in C.R.P.482/2016 in C.A. No. 184-L of
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Khawaja Haris Ahmed, Senior Advocate Supreme Court, Mehr Khan Malik, Advocate-on-Record for Appellants/Petitioners (in C.M.As. Nos.457/17, Crl. M.A. 490/17 and Crl. O.P. No.60/17)Malik Muhammad Qayyum, Senior Advocate Supreme Court, Qusain Faisal Mufti,
Civil Misc. Applications Nos. 687, 719 and 1551 of 2017 inCivil Review Petition No. 49 of 2016 and Criminal Org.Petition No. 33/2017 in C.R.P., 481/2016 in C.A. No. 184-Lof 2013 and Crl. Org. Petition No. 55/2017 in C.R.P.482/2016 in C.A. No. 184-L of
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Khawaja Haris Ahmed, Senior Advocate Supreme Court, Mehr Khan Malik, Advocate-on-Record for Appellants/Petitioners (in C.M.As. Nos.457/17, Crl. M.A. 490/17 and Crl. O.P. No.60/17)Malik Muhammad Qayyum, Senior Advocate Supreme Court, Qusain Faisal Mufti,
KHALID MEHMOOD AFZALVSMUSHTAQ SUKHERA, IG POLICE and othersANDCrl. court. Org. No. 55/2017 in C.R.P. 482/2016 in C.A. No. 184-L/2013Malik MUHAMMAD SABIRVSMUSHTAQ SUKHERA, IG POLICEANDCrl. court. Org. No. 60/2017 in Civil Review No. 83/20
Law: Civil Servants Act, 1973
Section: 9
Law: Constitution of Pakistan, 1973
Section: 199
Civil Servants Act (LXXI of 1973) ---.--- ---.--- -S. 9 ---.--- Constitution of Pakistan, Art. 199 ---.--- Constitutional petition before High Court filed by police officials claiming "out of turn promotion" on account of gallantry/bravery ---.--- Maintainability ---.--- Withdrawal of "out of turn promotions" ---.--- High Court had no jurisdiction to entertain such a petition under Art. 199 of the Constitution ---.--- Concept of "out of turn promotions" was unconstitutional ---.--- Police was a disciplined force and officials/officers employed in the police should not have embarked upon unnecessary litigation of claiming "out of turn promotions"; if, however, any police official had a genuine grievance he should have taken the same before the forums that the law provided instead of initiating proceedings before the High Court under Art. 199 of the Constitution ---.--- Provincial Inspector General of Police had considered the s of the Supreme Court with regard to the "out of turn promotion" cases and issued notices to all concerned officials and gave them opportunity of hearing, whereafter he passed separate detailed orders in respect of each police official ---.--- Supreme Court directed that the report of the Provincial Inspector General should be acted upon and notifications with regard to withdrawing the "out of turn promotions" be immediately issued ---.--- Order accordingly. Contempt Proceedings against Chief Secretary, Sindh 2013 SCMR 1752; Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 and Shahid Pervaiz v. Ejaz Ahmed 2017 SCMR 206 ref. THIS JUDGMENT DELIVERED BY: AMIR HANI MUSLIM, JUSTICE:---.--- These matters emanate out of two reported judgments of this Court, i.e. Contempt Proceedings against Chief Secretary, Sindh (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456), whereby this Court declared that the concept of out of turn promotions was unconstitutional and against the Fundamental Rights enshrined in the Constitution. The copies of these judgments were ordered to be sent amongst others to the Chief Secretaries of all the Provinces and the Secretary, Establishment Division, Government of Pakistan who were…