| Citation(s) |
|---|
| 2021 SLG 1048 2021 SLD 1048 2021 PLC 336 |
Lahore High Court
Writ Petition No. 34937 of 2016, decided on 24th May, 2017.
MUHAMMAD QASIM KHAN, JUSTICE
Dilnawaz Cheema for Petitioners. Abdul Aziz Awan, Additional Advocate-General with Rizwan Khurshid, Iftikhar Hussain and Muhammad Saeed Inspector Police (Legal).
Writ Petition No. 34937 of 2016, decided on 24th May, 2017.
MUHAMMAD QASIM KHAN, JUSTICE
Dilnawaz Cheema for Petitioners. Abdul Aziz Awan, Additional Advocate-General with Rizwan Khurshid, Iftikhar Hussain and Muhammad Saeed Inspector Police (Legal).
ARSALAN BARI AND OTHERS
VS
PROVINCE OF PUNJAB AND OTHERS
Law: Police Rules, 1934
Section: 5
Law: Punjab Civil Servants Act, 1974
Section: 5
Sub-Inspectors and Inspectors (Appointment and Conditions of Service) Rules, 2013--- ----R.5---Police Rules, 1934, R.19.25---Punjab Civil Servants Act (VIII of 1974), S.5---Petitioners being Assistant Sub-Inspectors (ASIs) applied for the post of Sub-Inspectors and were appointed on the recommendations of the Public Service Commission---Grievance of petitioners was that they could not be forced to join Probationer Training Class Course as compared to newly recruited Sub-Inspectors---Validity---Appointment by selection amongst ASIs through Public Service Commission was new recruitment of Sub-Inspectors for all intents and purposes---Rule 5 of the Sub-Inspectors and Inspectors (Appointment and Conditions of Service) Rules, 2013, provided that in case Sub-Inspector who was appointed through initial selection failed, he shall be discharged from service, whereas, in terms of sub-rule (3) the use of word revert clearly indicated that in case Sub-Inspector from in-service quota failed to complete the said requirement, he shall stand reverted to his previous post---Rule 19.25 of Police Rules, 1934, also made it mandatory to successfully go through the training courses---Once the petitioners had joined as Sub-Inspectors they had become civil servants and all training courses were covered under the terms and conditions of a civil servant, which were applicable to newly recruited officer/officers even if they were on probation---Jurisdiction of High Court under Art.199 of the Constitution of Pakistan to entertain such like petitions was barred---Petitioners could approach the departmental hierarchy or the Service Tribunal---Constitutional petition was dismissed. I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 rel. ORDER MUHAMMAD QASIM KHAN, J.---- Through this writ petition, the petitioners have assailed the memorandum dated 26.09.2016 issued by Inspector General of Police, requiring all newly recruited T/SIs to report for Probationer Training Class Course at Police Training College, Sihala on 02.10.2016. 2. It is argued by learned counsel for the petitioners that they are working in police…
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