Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Promotion--Tribunal not debarred to examine if promotion was contrary to rules and to determine validity thereof--Promotion order of competent authority upset by higher authority without any provision of appeal under rules and without opportunity of hearing to promotee-­Tribunal, in circumstances, accepting appeal and restoring promotion order of competent authority. Muhammad Aslam v. Government of Punjab 1984 P L C (C.S.) 203; Rustam Ali and others v. Additional Chief Secretary, Government of Punjab 1984 P L C 276; 1984 P L C 247; 1984 P L C 1534; 1981 PLC 398 and 1981 P L C 489 rel. P L D 1973 Lah. 220; 1979 P L C 466; 1980 S C M R 156 and 1985 PLC (C.S.) 754 ref. (b) Border Military Police/Baluch Levy Rules, 1935---- ---Rr. 2, 7 & 19--Appointment of Jamadar--Within competence of Authority--Appointment by promotion--Contention that in absence of rules governing promotion authority to make promotion vested in local Government being rule-making authority, repelled--Deputy Commissioner being appointing authority, held, competent to make appointment by promotion in absence of any express provision to the contrary--Home Secretary neither competent authority nor appellate authority in matter of promotion against post of Jamadar--Promotion order passed by Deputy Commissioner and upheld by Commissioner, held, could not legally be upset by Home Secretary. Asif Saeed Khan Khosa for Appellant. Aqa Asif Jafery for Respondents. A.G. Humayun, District Attorney for Department. JUDGMENT MIAN FAIZ KARIM (MEMBER).-- The appellant Ghulam Qadir, Jamadar Border Military Police, Dera Ghazi Khan District has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the orders, dated 25-6-1985 passed by the Home Secretary, Government of the Punjab. The appellant has impleaded the Home Secretary and Faizullah Khan. Dafedar, Border Military Police as Respondent ho_ 1 and Contesting Respondent No.2 respectively. 2. Trough this appeal the appellant Ghulam Qadir has prayed that the impugned order, dated 25-6-1985 passed by the Home Secretary may be set aside while restoring the orders, dated 24-10-1984…

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