Law:

Section:

  Civil Service Reversion-Re-instatement Intervening period-Police Officer charg ed for misconduct-Reverted to lower rank pending enquiry-Exonera ted on findings of enquiry-Re-promoted without benefit of higher Pay for intervening period.--Order, in circumstances, held, not tenable to extent of repromotion and refused higher pay---Must be treated as never reverted with all consequential benefits accruable during intervening period including confirmation if due.                                                                                                                      JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).---In this case the appellant Jamshed Raza while posted as Sub-Inspector Incharge Police Post, Lytton Road, Lahore while patrolling on the night intervening the 14th and 15th of March, 1977 at about 11.00 p. m. found Major Muhammad Shaukat Anwar shouting in a drunken state near "Bhatti Tikka Shop" near Chowk Qartaba, Mozang Chungi, Lahore, Major Muhammad Shaukat Anwar stopped the appellant and addressed him in a contemptuous tone. It is alleged that the appellant, who was also accompanied by Mr. Muhammad Jamil, Constable No. 2015 used abusive language against Major Muhammad Shaukat Anwar and even misbehaved with other Military Officers, viz. Capt. Altaf, Capt. Navid Akbar, Second Lt. Ali Shah and Capt. Asif who had also gathered near the scene. It was also alleged that the appellant, through Muhammad Jamil, Constable, summoned Police re-enforcement from Police Post Lytton Road and some Constables in plain clothes with Inspector came their and brought the Army Officers to the aforesaid Police Post and used derogatory language towards the Military Officers. In the meantime, Army Troops in Truck and a Jeep also came to the Police Post and rescued their officers from the Police custody. The incident was also entered by the appellant in the Daily Diary…