Case Details

Citation(s)
1991 SLG 2009 1991 SLD 2009 1991 PLC 1110
Service Tribunal, Sindh
Appeal No. 32 of 1989, decided on 30th October, 1989.
MUNAWAR ALI KHAN, CHAIRMAN AND MOBEEN AHMAD KHAN, MEMBER
M.L. Shahani for Appellant. Salman Ansari Government Counsel for
Respondent.

Syed GHULAM RASOOL SHAH

VS

INSPECTOR-GENERAL OF POLICE and 2 others Syed GHULAM RASOOL SHAH vs INSPECTOR-GENERAL OF POLICE and 2 others

Law:

Section:

(a) Police Act (V of 1861)--- ----Preamble---Police Rules, 1934---Police force in Province of Sindh is governed by Police Act, 1861 and Police Rules, 1934 and not by Civil Servants Act, 1973 and Rules framed there under. Ali Muhammad Shabani v. Inspector-General of Police, Sindh 1987 P L C (C.S.) 205; Abdul Haq v. Province of Sindh 1989 P L C (C.S.) 300 and Inspector-General of Police Punjab v. Mushtaq Ahmad Warraich and others PLD 1985SC159 rel. (b) Police Act (V of 1861)--- ----S. 7---Police Rules, 1934, Rr. 12.2 & 13.5---Reversion---Police Officer--­Show-cause notice---Police Officer who is on probation following his promotion may and can be reverted without departmental proceedings---No show-cause notice needs be given for reversion of a Promotee Police Officer during period of his probation. (c) Police Act (V of 1861)--- ----S. 7---Police Rules, 1934, Rr. 12.2 & 13.5---Reversion---When an officer is expressly appointed in an officiating capacity and until further order, Government can at any time terminate his officiating appointment and revert him to his original position, even if such reversion may amount to review of earlier order. Pakistan v. Hikmat Hussain P L D 1959 S C (Pak.) 107 rel. (d) Police Act (V of 1861)--- ----S. 7---Police Rules, 1934, Rr. 12.2 & 13.5---Reversion---Show-cause notice--­Appellant was charged for illegal gratification and was consequently reverted which he challenged---Appellant was not only placed under suspension but was ultimately punished with a minor penalty of fine equivalent to his one month's pay---Reversion could not have been challenged if it had followed and not preceded the departmental proceedings against him---Appellant was duly punished for charge of illegal gratification---Further punishment of appellant by way of reversion, held, was uncalled for---Inspector of Police who had allegedly shared illegal gratification with appellant and was punished on that charge like the appellant was somehow restored to his original position---Appellant, thus, could not be treated differently and his reversion could not be allowed to continue---Order of reversion was set aside. Date of hearing: 12th October, 1989.…
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