| Citation(s) |
|---|
| 2007 SLG 2047 2007 SLD 2047 2007 PLC 798 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1721-L of 1999, decision dated: 15-07-2004. (On appeal from judgment dated 12-8-1999, passed by the Punjab Service Tribunal, Lahore in Appeal No.1652 of 1998).
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
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Civil Petition for Leave to Appeal No.1721-L of 1999, decision dated: 15-07-2004. (On appeal from judgment dated 12-8-1999, passed by the Punjab Service Tribunal, Lahore in Appeal No.1652 of 1998).
MIAN MUHAMMAD AJMAL AND SYED DEEDAR HUSSAIN SHAH, JJ
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JAVAID IQBAL, A.S.-I. POLICE STATION IQBAL TOWN, LAHORE
VS
SENIOR SUPERINTENDENT OF POLICE, LAHORE and 2 others JAVAID IQBAL, A.S.-I. POLICE STATION IQBAL TOWN, LAHORE vs SENIOR SUPERINTENDENT OF POLICE, LAHORE and 2 others
Law:
Section:
Police Rules, 1934------R. 13.18---Constitution of Pakistan (1973), Art.212 (3)---Ad hoc promotion---Reversion to lower rank---Civil servant was promoted as Sub-Inspector on ad hoc basis---Authorities reverted him to Assistant Sub-Inspector, on the charge of involvement in criminal case---Appeal before Service Tribunal was dismissed---Plea raised by the civil servant was that once he was promoted, he could not be reverted without any show-cause notice or inquiry---Validity---Service Tribunal held that the civil servant was found involved in a criminal case which stigma was still attached with him as he had been censured in that case and the civil servant had not preferred any appeal against that order---Promotion of civil servant was made on ad hoc basis and he was neither brought on promotion E-list nor confirmed as Sub-Inspector, therefore, provision of R.13.18 of Police Rules, 1934 was not applicable in the case---Judgment of Service Tribunal was based upon law laid down by Supreme Court and there was no misreading or non-reading of material available---No substantial question of law of general public importance as envisaged under Art.212 (3) of the Constitution was involved in the case---Leave to appeal was refused. Hafiz Tariq Nasim Advocate Supreme Court with Muhammad Aslam Ch. Advocate-on-Record for Petitioner. Amanur Rehman, Additional Advocate-General, Rao Muhammad Yusuf Khan, Advocate-on-Record and Imtiaz Ali, Inspector (Legal) for Respondents. Date of hearing: 15th July, 2004. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---This petition for leave to appeal is directed against judgment, dated 12-8-1999, passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No.1652 of 1998. 2. Briefly stated the facts of the case are that the petitioner joined Punjab Police as a constable on 4-3-1980, he was promoted to the rank of Sub-Inspector on ad hoc basis on account of his outstanding performance for arresting a notorious proclaimed offender wanted in a murder case, with immediate effect by the Deputy Inspector-General, Lahore Range, Lahore vide order, dated 1-6-1993. He was, however, reverted to the substantive rank of…
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