Law:

Section:

(a) Police Act (V of 1861)-------S. 46(2)(3)---Police Rules, 1934, Rr.13.1(4) & 13.7(2)---Notification issued under S.(3) of Police Act, 1861---Non-publication in Official Gazette---Effect---Notification dated 11-6-1999 introduced amendments in Rr.13.1(4) & 13.7(2) of Police Rules, 1934 empowering Inspector-General of Police to prescribe promotion list linked with special training courses and examination---Inspector-General of Police issued Standing Order No.4/99, dated 5-11-1999 prescribing age limit of 37 years for being included in List B-2 and to undergo special courses---Civil servants were not included in List B-2 prepared in consequence of Standing Order---Objection of civil servants was that Standing Order could not be issued on the basis of Notification not published in Official Gazette---Validity---Notification dated 11-6-1999 had not been published in Official Gazette as required by S.46(2) of Police Act, 1861-Urder issued by Inspector-General of Police was of no legal effect and action taken on the basis of such amendment and Standing Order was of no legal consequence. Alam Din and 12 others v. Administrator Auqaf, Azad Government of the State of Jammu and Kashmir, Muzaffarabad and 2 others 1989 CLC 578; Chief Administrator of Auqaf, West Pakistan, Lahore v. Mst. Nooran and 7 others 1980 CLC 378 and The Province of East Pakistan v. Major Nawab Khawaja Hasan Askary and others PLD 1971 SC 82 ref. (b) Police Rules, 1934---- ----Rr. 13.1(4) & 13.7(2)---Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), S.4-.--Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47-Amendments introduced in Rr. 13.1(4) & 13.7(2) of Police Rules, 1934 through Notification dated 11-6-1999 empowering Inspector-General of Police to prescribe promotion list linked with special training courses and examination---Inspector-General of Police issued Standing Order prescribing age limit of 37 years for being included in List B-2 to undergo special courses---Civil servants for having crossed age of 37 years were not included in List B-2 prepared in consequence of Standing Order---Service Tribunal accepted appeal of civil servants observing that…

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