Case Details

Citation(s)
1994 SLG 1013 1994 SLD 1013 1994 PLC 1627
Service Tribunal, Punjab
Appeal No. 420 of 1990, decision dated: 16-02-1993.
AKHTAR HASSAN, CHAIRMAN AND ABDUL HAMID KHAN, MEMBER

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Hafiz SHAFIQUE AHMED KHAN

VS

DEPUTY INSPECTOR GENERAL OF POLICE, LAHORE RANGE, LAHORE and another

Law:

Section:

Civil service------- Out of turn promotion---Civil servant who was exemptee Assistant Sub­ Inspector Police was promoted as officiating Sub-Inspector on out of turn basis by Deputy Inspector-General of Police, but order of such promotion was reversed by his successor (Deputy Inspector-General of Police) and civil servant was reverted to his substantive rank of Assistant Sub-Inspector on ground of propriety and fairness---Civil servant was not promoted on flimsy grounds but A.S.P. with whom civil servant was attached had recommended him for out-of turn promotion describing him as "most regular and punctual in his duty and fully conversant with his job"---Civil servant was also found by A.S.P. to be most efficient, hard working and trustworthy---Order promoting civil servant on out of turn basis which had been acted upon, could not be reviewed by succeeding Deputy Inspector-General of Police and same could not be rescinded or recalled on ground of fairness and propriety---Order of out of turn promotion having been reversed and rescinded not on ground of a nullity, incompetence or absence of power of authority passing that order, but having been reviewed and rescinded on ground of propriety and fairness alone could not be maintained. 1987 PLC (C.S.) 676; 1990 SCMR 1414; 1989 PLC (C.S.) 487 and Ishfaq Hussain v. Government of the Punjab through Secretary and others 1993 SCMR 1326 ref. M.A. Riaz for Appellant. Javed Ahmad Cheema, District Attorney for Respondents. Date of hearing: 1st December, 1992 JUDGMENT ABDUL HAMID KHAN (MEMBER).---The appellant, Hafiz Shafique Ahmed Khan, an exemptee ASI, was promoted as officiating Sub-Inspector on out of turn basis by the Deputy Inspector-General of Police, Lahore Range with effect from 25-7-1985 vide order of the same date. This order was, however, reversed by the successor DIG/respondent No.2 at the instance of the Inspector­ General of Police Punjab/respondent No. 1 vide the impugned order dated 7-6-1986 and the appellant was reverted to his substantive rank of A.S.I. (exemptee) with effect from 31-5-1986. The appeal filed by him before the Inspector-General of Police Punjab was also rejected vide order dated 3-6-1990. He…
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