Case Details

Citation(s)
1982 SLG 828 1982 SLD 828 1982 PLD 464
Lahore High Court
Writ Petition No. 9179 of 1980, decided on 16th September, 1980
RUSTAM S. SLDHWA, J
Pakistan v. Muhammad Himayat Ullah P L D 1969 S C 407 ref. Iqbal Ahmad Malik for Petitioner. Khalil Ramday A. A.G., Punjab for the State

TURAJ AHMAD KHAN

VS

D.I.G., POLICE, MULTAN--Respondent

Law:

Section:

(a) Police Rules, 1934 -- R. 16.28-Review, powers of-Interpretation of Statutes-Police Rules do not provide power of review---Power of revision, subject to further investigation, however provided by r. 16.28 of Police Rules-Order once passed by a Senior Police Officer, communicated to person affected by it and also acted upon, held, grants such it person a vested right and order cannot be revised unless subject to revision under r. 16.28 of Police Rules.-[Review-Civil service]. D. I.-G., Police v. Ch. Gulzar Ahmad 1973 S C M R 24 ref. (b) Police Rules, 1934- -- R. 16.23 read with West Pakistan General Clauses Act (VI of 1956), S. 20-Interpretation of statutes-Revision, powers of-Petitioner, granted pardon by Governor on mercy petition, in respect of conviction recorded by Martial Law Court and competent Authority authorized to decide on merits whether to take disciplinary action against petitioner or not-Superintendent of Police being competent Authority, in respect of petitioner, ordering that no departmental action should be taken against petitioner and that his intervening period be treated on duty and in pursuance of that order, petitioner confirmed by Deputy Inspector-General of Police in rank of Assistant Sub­-Inspector of Police, with retrospective effect and petitioner continuing to enjoy fruits flowing from such order for 3 years-Order of Deputy Inspector-General of Police directing that departmental enquiry be held against petitioner, held, not only illegal but also one passed without lawful authority and consequently of no effect, in circumstances.-[Interpretation of statutes.-[Revision (civil)-Civil service]. ORDER This is a writ petition filed by Turaj Ahmad Khan, petitioner, for the quashment of the order of the Deputy Inspector-General of Police, Multan Range, respondent, dated I-3-1980 ordering that departmental action should be taken against the petitioner. 2. The brief facts relating to this case are that the petitioner alongwith other police officers was tried under Martial Law Regulation No. 16 of 1969. The allegations against the petitioner under the aforesaid Martial Law Regulation were not proved and, therefore, he was discharged. The…
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