| Citation(s) |
|---|
| 2007 SLG 1975 2007 SLD 1975 2007 PLC 574 |
Supreme Court of Pakistan
Civil Petition No.2572-L of 2003, decision dated: 21st October, 2005. (On appeal from the judgment, dated 15-7-2003 passed by Punjab Service Tribunal, Lahore in Appeal No.407 of 2002).
FALAK SHER AND SYED, JAMSHED ALI, JJ
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Civil Petition No.2572-L of 2003, decision dated: 21st October, 2005. (On appeal from the judgment, dated 15-7-2003 passed by Punjab Service Tribunal, Lahore in Appeal No.407 of 2002).
FALAK SHER AND SYED, JAMSHED ALI, JJ
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MUHAMMAD SADIQ
VS
SUPERINTENDENT OF POLICE, OKARA and others MUHAMMAD SADIQ vs SUPERINTENDENT OF POLICE, OKARA and others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975-------R. 4---Civil Services Rules (Punjab), Rr.1.1, 1.2 & 1.4---Constitution of Pakistan (1973), Art.212(3)---Reduction in rank---Applicability of Rules---Punjab Police (Efficiency and Discipline) Rules, 1975, provided that in case of minor penalty, competent Authority was required to specify the period for which said penalty would remain in force---Rule 1.1 of Civil Services Rules (Punjab) applied to Police Force, but R.1.4 of said Rules had excluded application of said Rules to the persons for whose appointment and conditions of service, special provision was made under any law for the time being in force---Petition for leave to appeal was granted to consider whether R.1.2 of Civil Services Rules (Punjab) was applicable to police force in view of R.1.4 of said Rules; that in case said rule was found not to be applicable, then whether the reduction in rank of an official was intended to operate perpetually; that in case period during which the penalty had to remain operative, was required to be prescribed, then whether on expiry of said period, civil servant would automatically regain the post from which he was reverted or he would be required to undergo the process of selection to earn his promotion. Muhammad Riaz and others v. Province of the Punjab through Secretary, Education Department, Punjab, Lahore and others 2004 SCMR 1437 ref. Hafiz Tariq Nasim; Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Illahi Bukhsh, Inspector (Legal) for Respondent No.1. M. Iqbal Najam, Inspector (Legal) for Respondent No.2. ORDER SYED JAMSHED ALI, J.-- The petitioner was proceeded against under the Punjab Police (Efficiency and Discipline) Rules, 1975 and was directed to be compulsorily retired vide order, dated 28-11-2000 which was maintained by the appellate Authority. However, the Inspector-General (Punjab); on the revision petition of the petitioner altered the penalty to reduction in rank from Sub-Inspector to Assistant Sub-Inspector. The appeal filed before the…
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