| Citation(s) |
|---|
| 2023 SLG 398 2023 SLD 398 2023 PLC 170 |
Balochistan High Court
C.Ps. Nos.246 of 2008 and 334 of 2019, decided on 31st January, 2020. Date of hearing: 18th December, 2019.
NAEEM AKHTAR AFGHAN AND ABDUL HAMEED BALOCH, JJ
Adnan Basharat for Petitioners (in C.P. No.246 of 2008). Abdul Latif Kakar, Additional Advocate General for
Respondent No.1 (in C.P. No.246 of 2008). Amanullah Kanrani, Nadir Ali Chalgari, Naseer Ahmed Bungulzai and Bilal Mohsin for
Respondents Nos.2 to
C.Ps. Nos.246 of 2008 and 334 of 2019, decided on 31st January, 2020. Date of hearing: 18th December, 2019.
NAEEM AKHTAR AFGHAN AND ABDUL HAMEED BALOCH, JJ
Adnan Basharat for Petitioners (in C.P. No.246 of 2008). Abdul Latif Kakar, Additional Advocate General for
Respondent No.1 (in C.P. No.246 of 2008). Amanullah Kanrani, Nadir Ali Chalgari, Naseer Ahmed Bungulzai and Bilal Mohsin for
Respondents Nos.2 to
SAJJAD HAIDER TAREEN, PDSP, QUETTA and 10 others
VERSUS
The PROVINCIAL POLICE OFFICER, BALOCHISTAN QUETTA and 12 others
Law:
Section:
----S.8---Balochistan Deputy Superintendents of Police Service Rules, 1978, Rr. 2(b), 10---Seniority---Scope---Petitioners assailed exclusion of Deputy Superintendents of Police (DSPs) of prosecution branch from the Joint Seniority List---Contention of department was that there was no specific provision in the Balochistan Deputy Superintendents of Police Service Rules, 1978, for maintaining Joint Seniority List of DSPs (General Cadre) and DSPs of the prosecution branch---Validity---Sub-Inspectors and Inspectors of the Prosecution Branch of Police Department could not travel horizontally by transfer to the other branches of the Police Department but after promotion of the Inspectors of the prosecution branch of the Police Department as DSPs, there was no such restriction on the DSPs of prosecution branch---DSPs of the prosecution branch could be appointed in other branches of the Service---Rule 10 of the Balochistan Deputy Superintendents of Police Service Rules, 1978, dealing with the inter se seniority of the DSPs of the Service, did not provide for preparation of separate Seniority List of DSPs of different branches of the service---Rule 2(b) of Balochistan Deputy Superintendents of Police Service Rules, 1978, although provided that all the branches of the service had been organized as separate and self-contained unit of the Police Department but all the branches (including the prosecution branch) of the service had not been sanctioned as a separate unit to fall within the definition of a separate cadre warranting preparation of separate seniority lists of the DSPs of different branches of the service under S.8(1) of the Balochistan Civil Servants Act, 1974---Constitutional petitions were accepted and the department was directed to issue joint seniority list of DSPs. JUDGMENT NAEEM AKHTAR AFGHAN, J.----This common judgment disposes of C.P. No.246/2008 and C.P. No.334/2019. 2. Relevant facts are that in the Police Department of Balochistan, Joint Seniority List of Deputy Superintendents of Police (DSsP) of different branches of Balochistan Deputy Superintendent of Police Service (hereinafter the Service) including DSsP of prosecution branch was maintained till…
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