2014 PLP (C (PLC(CS))

MAHMOOD AHMAD BHATTI, J.

Mukhtar Ahmad, the petitioner has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, maintaining that he was serving in the Punjab Police as an Inspector/SHO Police Station, Bahaud-ud-Din Zikaria, Multan. On 13-1-2014, Inspector-General Punjab, Police, Lahore, respondent No.1 sent a fax message to respondents Nos.2 and 3 and two others, apprising them that the petitioner was selected for the ADVANCE CLASS COURSE and he was to undergo further training at Police College Sihala, Islamabad. It goes without saying that the petitioner was informed accordingly to brace himself for further training.

2. Since the petitioner was a subordinate to the Regional Police Officer, Multan, he was to be formally relieved by him. In actual fact, the petitioner stood relieved on 16-1-2014. He entered Rupt No.43 in the Daily Diray on the very same day regarding his departure from Multan to Police College Sihala. On the very same day, viz., 16-1-2014, the petitioner claims to have undergone medical examination. The petitioner has annexed documents to the writ petition to substantiate his assertions.

3. On 23-1-2014, respondents Nos.1 and 2 were called upon to file report and parawise comments. The needful was done by them. It was claimed in the comments that the petitioner reported at Training College, Sihala some 17 days after the start of the classes. Today, learned counsel for the petitioner reiterated the above noted facts and argued that Commandant Police Training College, Sihala, respondent No.2 illegally and unlawfully restrained the petitioner from joining the ADVANCE CLASS COURSE. He pointed out that no order in writing was passed by respondent No.2 regarding his refusal to let the petitioner join the training course at Sihala. According to him, this by itself reflects adversely on the conduct of respondent No.2. In a nutshell, the stance of the petitioner is that the action of respondent No.2 prohibiting him from joining the Training College, Sihala is mala fide in law. Towards the end of his submissions, learned counsel for the petitioner stated that the petitioner had reported to respondent No.2 on the 17th January, 2014. In other words, it took the petitioner only four days to report himself at Police Training College, Sihala, after his being informed and given the go-ahead.

4. Malik Muhammad Bashir Lakhesir, learned Assistant Advocate General not only confirmed the facts set out hereinabove, but also expressed his inability to defend the action of respondent No.2, Commandant Police Training College, Sihala. He was candid enough to concede that the comments furnished by respondent No.2 to the effect that the petitioner was late by 17 days appear to be the outcome of some misconception of the facts. He went on to concede that the petitioner did not waste any time in leaving Multan for Sihala, Islamabad.

5. After hearing learned counsel for the petitioner and the learned Law Officer, I am of the considered opinion that the posture adopted by the Commandant Police Training College, Sihala, respondent No.2 was perplexing and unreasonable, to say the least. It was lost sight of by him that he himself was informed by the Inspector-General of Punjab Police, Lahore on the 13th January, 2014 that the petitioner and Qazi Abdul Basit were selected for ADVANCE CLASS COURSE. Needless to say, unless the petitioner was relieved formally by the Regional Police Officer, Multan, respondent No.3, he could not have left Multan for Islamabad. As stated above, it has not been denied by the respondent's side that Regional Police Officer, Multan relieved the petitioner on the 16th January, 2014 and the petitioner made a quick march to report to the Commandant Police Training College, Sihala, respondent No.2 on the 17th January, 2014. In other words, it did not take him more than four days, from start to finish. It bears repeating that he was required to undergo further training under the ADVANCE CLASS COURSE on 13-1-2014 and he was poised to do so at the first opportunity. Even if he was keen to join the course earlier, it was humanly impossible for him to have reported to respondent No.2 before the 17th January, 2014. Against this background, respondent No.2 was wide of the mark to come to the conclusion that the petitioner was late by 17 days. In any case, the action of respondent No.2 to slam the doors of Police College, Sihala on the petitioner is unwarranted, illegal and of no legal effect, calling for interference of this Court.

6. For what has been stated above, this writ petition is allowed. Respondent No.2 shall not prevent the petitioner from joining the ADVANCE CLASS COURSE at Police Training College, Sihala, pursuant to the order dated 13-1-2014 passed by the Inspector-General Police, Punjab, Lahore, who not only selected the petitioner for the aforementioned course, but ordered him to report at Police College, Sihala immediately after completing all usual formalities, including his medical examination from District Head Quarter, Multan.

7. Given that the petitioner was illegally and unlawfully restrained from joining the ADVCANCE CLASS COURSE by respondent No.2, the intervening period shall not be counted or set up against him while calculating his attendances at Police Training College, Sihala, Islamabad. SA/M-88/L Petition allowed.