2010 PLP (C (PLC(CS))

Petitioner being posted as police constable at Police Station Jackson Kemari Town South Zone, Karachi. He was posted at Police Station Yousuf Plaza, Gulberg Town Karachi as Head Moharrir (WHC) Writer Head Constable. During course of service he was suspended by the respondent No.5 in the year, 2008. A show-cause notice was issued in respect of the charges of misconduct deducting money from the salaries of police constable of Police Station Yousuf Plaza as Head Moharrir. He was awarded major punishment of "Reduction in Rank" under the "Removal from Service (Special Powers) Ordinance, 2000". On representation before the competent authority by the petitioner his representation was accepted and the major penalty awarded was set aside. Petitioner present in person has resorted to file this petition seeking following relief: - (i) Declare that due to mala fide and afterthought delayed inquiry proceedings on part of respondent's appellant became deprived of his right of "Intermediate School Course and other future increments benefits." (ii) That writ may be issued directing the respondents to send the appellant on continuing Intermediate School Course at Police Training College Saeedabad Karachi commenced from 16-9-2008 as an special case or exempt the appellant from such course by awarding him next cadre benefit of future promotion to the rank of Assistant Sub-Inspector BPS-9. (iii) That. the respondents may please be directed to maintain the number of petitioner in seniority for next cadre benefit according to his intermediate school course at serial No.46 among the four hundred candidates and may be declared fit for the next promotion i.e. Assistant Sub-Inspector BPS-9. (iv) Any other relief this Honourable Court deems proper and appropriate in the circumstances of case. (v) Grant the cost of petition. Petitioner has contended that the Intermediate School Course is undergoing police training at Saeedabad since 16-9-2008.. On account of the grave circumstance the petitioner was discriminated by the respondents and was not allowed to join the intermediate school course depriving him from his right on account of all circumstances beyond his control, therefore, it is prayed that he may be permitted to attend the training. Comments on behalf of the respondent No.4 have been filed. It is admitted that penalty awarded to the petitioner has been set aside and the matter is recommended to CCPO/Respondent No.3 for appropriate orders, no reply has been received till to-date. We have considered the arguments advanced at Bar. It is vouchsafe from the letter dated 1-12-2008 that the major punishment of "Reduction in Rank" awarded to the petitioner stand set aside this factum has not been approved by the respondent No.3 as yet. In any event the training course at Saeedabad has commenced from 16-9-2008. Major period of training is over. Therefore, it will be feasible that the petitioner may be allowed to attend the next training batch of year, 2009. The respondent No.3 is hereby directed to nominate the petitioner for training in the next batch which shall fall in the year, 2009 at Saeedabad. Learned A.A.-G. is directed to communicate copy of this order to the relevant quarters for compliance in letter and sprit. With the above observations C.P.No.D-292 of 2009 stands disposed of in limine along with listed applications. H.B.T./Z-22/K Order accordingly.