Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- ----R. 13-A(1)-Disciplinary action against 'deputationist-Borrowing authority imposing penalty (reversion) without reference to lending authority - Failure to comply with procedure prescribed in r. 13-A(1)-Order passed by borrowing authority, in circumstances, held, void ab initio and subsequent order based upon such order also void-Reversion order passed by borrowing authority, in circumstances, set aside-Punjab Administrative Tribunals Act (IX of 1974), Ss, 4 & 5(1). Masud Ahmad Riaz for Appellant. A. G. Humayun for Respondent. ORDER The relevant facts of the case are that Mr. Ghulam Rasool appellant who was a Sub-Inspector of Police at the relevant time was sent to serve on deputation to what was East Pakistan at that time. The appellant was, however, promoted to officiate in the rank of Inspector of Police vide order of I. G. Police, Punjab dated 18-6-71. The said orders of promotion were communicated to the Inspector-General of Police, East Pakistan, Dacca, and were duly acted upon. While the appellant was posted as Inspector Police in Bogra District in East Pakistan, the impugned orders of his reversion to his substantive rank of Sub-Inspector were passed by A. I. G. Co-ordination signing on behalf of I. G., Police, East Pakistan. The issuance of the orders was followed by the fall of Dacca and the taking over of appellant alongwith a large number of other West Pakistan nationals as prisoners of war. Appellant was placed as POW in Camp (No. 55 at Dhansagar, India. In the list of POWs. he was shown at serial No. 1 in the rank of Inspector Police. After repatriation to Pakistan the appellant applied for two months leave showing himself in rank of Inspector, Police which leave was duly sanctioned. The appellant later applied for 15 days extension in leave to the Inspector General of Police, Punjab which was the competent authority for sanctioning such leave to the Police Officers in the rank of Inspector. The said application was, however, passed on by I. G. Police to D. I. G. Police, Multan Range for disposal, endorsing a copy thereof to the appellant inviting his attention to an…

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