Law:

Section:

Azad Jammu & Kashmir Service Tribunals Act, 1975- -----S.4 read with Police Rules, 1934, para. 13.9-Aggrieved civil servant-Promotion list of Police Head Constables not qualified according to rules prepared contrary to rules-Does not confer any right-Cancellation of such list, held, does not make affected person an [aggrieved civil servant entitled to seek redress before Service Tribunal. Muhammad Sadique Farooqi for Appellant. Additional Advocate-General for Respondent. Date of institution : 30th August. 1978. ORDER SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).-Maqbool Hussain appellant Joined the services of A. K. Government in Police Department as Head Constable on 22-2-1951. He could not be deputed for lower School Intermediate School Courses, which were necessary to be passed for being eligible for promotion to the post of A. S. I., within the prescribed age limit with the result that he remained untrained and became overage for said courses. In order to determine and assess the suitability of the untrained Head Constables who had become overage for the aforesaid courses the then I. G.-P. constituted a Board in the year 1966 consisting of a few Police Officers and headed by him which prepared the promotion list D-2 of such Head Constables in which the appellant was placed at Serial No. 3. According to the appellant the D.-I. G. Police Headquarters by undoing the aforesaid list prepared a fresh promotion list of such untrained Head Constables on 7-10-1975 in which his name was omitted. It is against this order of the D. I.-G. Police dated 7-10-1975, that the appellant has filed the present appeal before this Tribunal. The case of the appellant in nutshell is that the D. I.-G. Police had no power to undo the promotion list D/2 and exclude his name from the list prepared by him. On the basis of the above facts it is prayed by the appellant that the impugned order of the D. I.-G. Police Headquarter be set aside and the name of the appellant be ordered to be included in the promotion list of the untrained Head Constables. The appeal has been contested both on legal ground as well as on merits by the respondent. In the written objections filed on behalf of the…

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