| Citation(s) |
|---|
| 1996 SLG 302 1996 SLD 302 1996 PLC 122 |
Lahore High Court
Writ Petition No. 2762 of 1995, decision dated: 11-04-1995
MUHAMMAD ASIF, JAN, J
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Writ Petition No. 2762 of 1995, decision dated: 11-04-1995
MUHAMMAD ASIF, JAN, J
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MUNAWAR KHAN, SUBINSPECTOR
VS
THE DEPUTY INSPECTORGENERAL OF POLICE, LAHORE RANGE, LAHORE and another MUNAWAR KHAN, SUBINSPECTOR Vs THE DEPUTY INSPECTORGENERAL OF POLICE, LAHORE RANGE, LAHORE and another
Law:
Section:
(a) Police Rules, 1934--- ----R. 13.1---Police Act (V of 1861), Preamble---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grant of Selection Grade to Assistant Sub-Inspector of Police with permission to hold rank of Sub-Inspector (honorary) in his own pay scale till further orders---Withdrawal of said notification subsequently---Validity---Petitioner by earlier order was not promoted to next higher rank of Sub-Inspector of Police, for he continued to serve in his own pay scale and rank of Sub-Inspector was bestowed on him on honorary basis but without corresponding raise in the pay scale and that also till "further orders"---Subsequent order was the "further order" mentioned in earlier order---Order in question (subsequent order) was thus, actually in continuation of earlier order---Earlier order was not order of promotion and subsequent order was not order of reversion or reduction in rank'-Ad hoc arrangement for which there was admittedly no provision either in Police Act, 1861 or in Police Rules, 1934 had thus, been rightly brought to an end--Subsequent order withdrawing earlier order was thus, valid in circumstances. Shahbaz v. The Crown PLD 1956 FC 46; Khondkar Ali Afzal v. Pakistan and another PLD 1959 (W.P.) Kar. 105; Pakistan v. Khondkar Ali Afzal PLD 1960 SC 1; Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; Lt.-Col. G.L. Battacharya v. The State and others PLD 1964 SC 503; Mukhtar Ahmed and 37 others v. Government of West Pakistan through the Secretary, Food and Agriculture, Civil Secretariat, Lahore and another PLD 1971 SC 846; Raja Muhammad Nawaz v. Government of the Punjab 1981 SCMR 523; Muhammad Aslam Khaki v. Vice-Chancellor, Gomal University, DJ. Khan and 2 others PLD 1980 Pesh. 12 and Mrs. Anisa Rehman v. PIA.C. and another 1994 SCMR 2232 ref. (b) Police Rules, 1934-- ---R. 13.1---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Assumption of jurisdiction under Art. 199 of the Constitution--Essentials---First requirement for assuming jurisdiction under Art. 199(1) of the Constitution is that High Court has to be satisfied that no other adequate…
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