Law:

Section:

(a) Punjab Deputy Superintendents of Police Service Rules, 1979-- ----Sched., Col. (7)---Post of Deputy Superintendent of Police being a non­-selection post, promotion to such post has to be made on seniority-cum-fitness basis from among the Inspectors of Police. (b) Punjab Deputy Superintendents of Police Service Rules, 1979-- ----Sched., Col. (7)---Constitution of Pakistan (1973), Art. 199---Promotion--­Essential requirements for promotion ignored---Effect---Departmental Promotion Committee ignored promotion right of Police Officer on the ground of punishment of censure but failed to appreciate that said punishment had been set aside before his case was considered by the Promotion Committee--­Departmental Promotion Committee thus failed to exercise its discretion fairly and evenhandedly as much as certain colleagues of petitioner Police Officer had been promoted in spite of stinking service record---High Court though could not substitute its opinion for that of Departmental Promotion Committee, yet it could set aside recommendation of such Committee in exercise of its Constitutional jurisdiction---Proceedings of Departmental Promotion Committee ignoring petitioner Police Officer for promotion were declared to be illegal and were set aside---Respondent Authority was directed to place the case of Police Officer before Departmental Promotion Committee for its fresh decision in accordance with law. Federation of Pakistan and others v. Haji Muhammad Saifullah Khan and others P L D 1989 SC 166; Government of Punjab through Secretary, Services and General Administration Department, Government of the Punjab Lahore v. Ch. Muhammad Mahmood, Advocate and 22 others P L D 1988 SC 376; Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394 and Muhammad Zaman Khan v. Government of Punjab and others 1981 P L C (C.S.) 434 ref. (c) Punjab Civil Servants Act (VIII of 1974)- ----S. 8---Punjab Deputy Superintendent of Police Service Rules, 1979, Sched., Col. (7)---Promotion---Denial of promotion on "indifferent service record"--­Effect---Term "indifferent service record" had been coined by the Authorities unmindful of the fact that it was too vague a term having no legal…

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