Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- -- R. 13-A-Officials on deputation - Proceedings, initiation of, against-Employee of West Pakistan Government seconded to serve on deputation in East Pakistan and promoted as Inspector of Police by competent Deputy Inspector General in Vest Pakistan-Borrowing authority (Government of East Pakistan) held, competent authority only for purpose of placing such official under suspension and of initiating proceedings against him under Efficiency and Discipline Rules provided it informed lending authority of circumstances leading to such proceedings - Borrowing authority reaching conclusion of circumstances requiring imposition of any penalty under Efficiency and Discipline Rules-Must submit record of proceedings to lending authority for passing appropriate orders - Borrowing authority itself passing penal orders, reverting official-Order, held, void ab initlo and of no effect-Later order of a higher authority based on such void order - Held, also void. Masud Ahmad Riaz for Appellant. A. G. Humayun for Respondents. ORDER SAAD SAOOD JAN (CHAIRMAN).-The relevant facts of the case are that M. 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 18-6-1971. 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. Coordination signing on behalf of I. G., Police, East Pakistan. The issuance of these orders was followed by the fall of Dacca and the taking over of appellant along with a large number of other West Pakistan nationals as prisoners of war. Appellant was placed as P. O. W. in Camp No. 55 at Dhansagar, India. In the list of P. O. Ws. he was shown at serial number 1 in the rank of Inspector, Police. After…

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