Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S.4----Punjab Police (Efficiency and Discipline) Rules, 1975, R.6-­Promotion--Seniority- Persona junior to appellant included in list of priority-- Appellant, held, possessed better -record of service than contesting respondent and others who were proceeded ex parte to be included in list of priority. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Punjab Police (Efficiency and Discipline) Rules, 1975, R.6-­Police employee-Acquittal from criminal charge--Effect, regarding promotion/seniority--Where police employee charged with criminal offence was honourably acquitted there was, held, no jurisdiction for Authority to deprive him from benefits of promotion seniority, which such employee otherwise would have achieved, had he not been involved in criminal case. Ashfaq Ahmad Inspector v. I.-G. Police 1981 P L C (C.S.) 875; Abdul Qadir Hayee, D.I.-G. Police's case 1983 SCMR 34 and 1981 S C M R 501 ref. (c) Punjab Service Tribunals Act (IX of 1974)---- ---S. 4--Punjab Police (Efficiency and Discipline) Rules, 1975, R.6--In absence of blemished service record or otherwise unfitness for grant of special grade and promotion to list F due to certain adverse happening in service career, service Tribunal, held, would have no hesitation to conclude that appellant had been discriminated without any justification for denial of promotion /seniority which he rightly deserved. (d) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Punjab Police (Efficiency and Discipline) Rules 1975, R.6-­Appellate jurisdiction, exercise of--Promotion/seniority--Orders of Authority wherein appellant was placed junior to contesting respondent and others who had been proceeded ex parte were set aside by Service Tribunal in exercise of appellate jurisdiction--Appellant would be deemed to be promoted from specific date from which his next junior was promoted to inspector list 'F'--Seniority list was directed to be corrected accordingly--Authority was further directed to consider appellant for promotion to list 'G' and as D.S.P. from same date his next junior was so promoted. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney,…

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