Law:

Section:

Constitution of Pakistan (1973)- --- Art. 240 and Fourth Sched., Item 40 read with Baluchistan Civil Servants Ordinance (IX of 1973), S. 2(b)-Police Officer of Balu­chistan Provincial Police-Does not become a Federal Civil Servant merely by promotion as Superintendent of Police-Compulsory retirement order passed against such officer by President and not on independent application of mind by Governor, Baluchistan, held, not sustainable. Criminal Revision No. 8 of 1976 (unreported) rel. Bashartullah for Appellant. Assistant Advocate-General and Eshanul, Haq foe Respondent. Date of hearing : 5th June, 1978. JUDGMENT ABDUL QADEER CHAUDHARY (CHAIRMAN).------The appellant was appointed as A. S. I. on 1-1-1952, was promoted as Sub-Inspector on 1-10-1955 and then as Inspector on 13-6-1966, in which capacity he was confirmed on 15-10-1970. The appellant thereafter was promoted as D. S. P. on 29-8-1970 and after having served for about 3 years, was promoted as S. P., Anti-Corruption on 12th March, 1974. The appellant was posted as S. P., Anti-Corruption on the 12th March, 1974, subsequent whereto his services were transferred to the Federal Government and he was posted as Deputy Director, F. I. A., Quetta on 11th July, 1975, from where he was transferred to Hyderabad by order dated 1-10-1975. The appellant was then posted as Assistant Director, Intelligence, Quetta, on 15-12-1975, thereafter his services were transferred to the Pro­vincial Government and he was posted as Officer on Special Duty on 7th January, 1976. While being posted as O. S. D., the appellant was served with a show­ cause notice on 16-10-1976 by the Federal Government the respondent No. 2 alleging that he is responsible of having built large property, was running a bus in the name of his father and for the stated grounds it was alleged that he was considered to be a corrupt officer, guilty of misconduct under Government Servants (Efficiency and Discipline) Rules of 1973 and the appellant as such was called upon to show cause why a major penalty be not imposed on him. The appellant submitted a reply, belying all the allegations made against him. However, without any further proceedings in the matter,…

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