Case Details

Citation(s)
1995 SLG 1450 1995 SLD 1450 1995 PLC 734
Lahore High Court
Writ Petition No. 3213 of 1994, decided on 7th February, 1995.
MRS. FAKHRUN NISA KHOKHAR, J

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ZAFAR IQBAL and others

VS

THE DEPUTY INSPECTOR-GENERAL OF POLICE, MULTAN RANGE, MULTAN and others

Law:

Section:

(a) Police Rules, 1934-- ------R. 13.8-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Promotion of Police Constables---Infliction of major or minor punishments---Effect---Where any major punishment had been inflicted upon any candidate for promotion, that would be a bar to his admission to or retention in list A, B or C---Superintendent of Police would record special reasons in all such cases and that would be subject to confirmation by Deputy Inspector-General of Police---Where, however, any constable subject to disqualification of censure or confinement to quarters showed his continuous good conduct for a period of six months, he could be re-admitted at the discretion of Superintendent of Police to the said lists---Where petitioners were fined a small amount or mere just censured for not serving summons in specific years, such punishments being minor and not major, would not affect petitioner's right of promotion---Order in question, whereby petitioners' names were removed/not included in relevant lists, affecting their rights to promotion, was thus contrary to Rules and, Regulations and was struck down being without jurisdiction and justification.. Ch. Yar Muhammad Durraian v. Government of the Punjab and another 1992 PLC C.S. 95 and Khalid Riaz etc. v. S.S.P. and others W.P. No.2201 o 1990 rel. (b) Constitution of Pakistan (1973)-- ----Art. 199---Constitutional jurisdiction of High Court---Extent---High Court has ample power to interfere where act or conduct of a public servant or any authority surpasses the law or its act is violative of the Rules and Regulations---Where impugned orders were violative of natural justice and equity, High Court in exercise of its extraordinary jurisdiction could declare such orders as having been passed without lawful authority, jurisdiction and justification by Authority. Ch. Ali Abbas and Nawab Mushtaq Ahmad for Petitioners. Ghulam Haider, Inspector Legal on behalf of D.I.G. for Respondents. Saeed Ahmed Khan, Inspector on behalf of S.P., Khanewal. Date of hearing: 7th February, 1995. JUDGMENT The brief facts of the instant petition are that the petitioners are serving as Police Constables in…
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