Case Details

Citation(s)
1994 SLG 1030 1994 SLD 1030 1994 PLC 1751
Service Tribunal (AJ&K)
Service Appeal No. 713 of 1993, decision dated: 4-08-1994.
RAJA BASHIR AHMAD KHAN, CHAIRMAN AND KHAWAJA ABDUL HAMIDMEMBER MALIK ZAFAR ALI

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ZAFAR ALI

VS

THE INSPECTOR GENERAL OF POLICE, AZAD JAMMU AND KASHMIR, MUZAFFARABAD

Law:

Section:

Civil service-------Promotion---Civil servant had challenged order whereby order of his pre notion was withdrawn by Authority concerned---Civil servant was a probationer and his appointment could be terminated during period of probation without assigning reason by Authority---Order of promotion of civil servant who was probationer, could be withdrawn without specifying any reason at the will of authority which had passed original order and it was not necessary for authority to provide civil servant an opportunity of explaining his position. Sardar Rafique Mahmood Khan for Appellant. Syed Nazir Hussain Shah for Respondent. JUDGMENT RAJA BASHIR AHMAD KHAN (CHAIRMAN):----This is an appeal against the order of Central Police Office dated 8-8-1993 whereby the order of promotion of appellant issued under Order Book No. 15, dated 1-8-1993 was withdrawn. 2. The brief facts of the case are that the appellant joined Police Force on 28-9-1974 and was deputed to undergo departmental training at Shahdad Pur. He completed his training with credit. On the recommendations of the Chairman, District Council the case of promotion of appellant to the rank of Assistant Sub-Inspector was considered and ultimately vide Order Book No. 151/CPO, dated 1-8-1993 the appellant was promoted as Assistant Sub-Inspector and was adjusted in District Mirpur against a vacant post. The said order was withdrawn by the Inspector-General of Police vide the impugned order. 3. The respondent has filed his written objections controverting the facts stated in the memorandum of appeal. In his replication appellant has reiterated his claim as stated in his appeal. 4. We have heard the learned counsel for the parties and have gone through the record. 5. The first attack of the learned counsel for the appellant on the impugned order is that the appellant had joined his place of duty in the District of Mirpur after the order of promotion. This order had thus been implemented and it could not be revoked without giving the appellant an opportunity of being heard and order being unconditional and having been acted upon was liable to be kept in operation under the provisions of section 21 of General Clauses Act,…
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