2007 PLP (C (PLC(CS))
ASIF HANIF, SUB-INSPECTOR, POLICE LINES, SIALKOT Versus DEPUTY INSPECTOR GENERAL OF POLICE (ESTABLISHMENT) PUNJAB, LAHORE and 2 others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Syed Deedar Hussain Shah, JJ |
| Parties | ASIF HANIF, SUB-INSPECTOR, POLICE LINES, SIALKOT Versus DEPUTY INSPECTOR GENERAL OF POLICE (ESTABLISHMENT) PUNJAB, LAHORE and 2 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Syed Deedar Hussain Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (ASIF HANIF, SUB-INSPECTOR, POLICE LINES, SIALKOT Versus DEPUTY INSPECTOR GENERAL OF POLICE (ESTABLISHMENT) PUNJAB, LAHORE and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Farooq Bedar, Advocate Supreme Court and Ozair Chughtai, Advocate-On-Record for Petitioner.
- Khurshid Anwar Bhinder, Addl. A.-G.., M. Saleem Shad, Advocate Supreme Court, Rao M. Yousuf Khan, Advocate-On-Record and Tahir Bashir, Inspector Legal (Police) for Respondents.
- Date of hearing: 15th July, 2004.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore, dated 16-10-2000 passed in Writ Petition No.17736 of 2000).
Art. 185(3)
Police Hockey Team having won National Hockey Championship, Coach of the team was promoted as a Inspector of Police as a reward
Petitioner who was Assistant Manager of the team having not been so promoted, filed representation before Inspector General of Police who promoted the petitioner
Said order of promotion having not been implemented, petitioner filed constitutional petition, which was dismissed by High Court, against which petitioner had filed petition for leave to appeal in Supreme Court
Principle of locus poenitentiae, would not apply to petitioner, in circumstances of the case
Even otherwise case of petitioner was not at par with the promotee who was the coach of winning team whereas petitioner was Assistant Manager of the team and recommendation in case of promotee coach might have been on different grounds and it could not be said to be discriminatory
Petitioner having failed to point out any legal flaw in impugned judgment warranting interference by Supreme Court under Art. 185(3) of the Constitution his petition was dismissed.
Judgment & Decree
MIAN MUHAMMAD AJMAL, J.
Leave to appeal is sought against the judgment of Lahore High Court, Lahore, dated 16-10-2000, whereby Writ Petition No. 17736 of 2000 of the petitioner was dismissed.
2. Brief facts are that Punjab Police Hockey Team won National Hockey Championship held in Faisalabad in 1991 and the petitioner was Assistant Team Manager. Pursuant to the winning of the Championship cash awards were awarded to all the team members. Raja Ghulam Abbas, S.-I. was also a member of the team who was promoted as Inspector as reward vide Notification, dated 24-9-1991 but the petitioner was not treated similarly. The petitioner filed representation before the Inspector General of Police, Punjab, whereupon following order was passed on 14-3-1997:-- "I hereby promote S.-I. Asif Hanif as Inspector on the same grounds as has been the case of S.-I. Ghulam Abbas." The aforesaid order of promotion of the petitioner was not implemented, as such, he tiled Writ Petition No.17736 of 2000 before the Lahore High Court, Lahore and a learned Judge in Chambers vide his judgment, dated 16-10-2000, impugned herein dismissed the same.
3. We have heard the learned counsel for the parties and have perused the record with their assistance. The case of the petitioner is that the order, dated 14-3-1997 has not been implemented and he filed writ petition for obtaining an order for its implementation, hence principle of locus poenitentiae would not apply to him. Even otherwise the petitioner's case was not at par with Ghulam Abbas as the former was Assistant Manager while the latter was a Coach of the team, as such, the recommendation in case of Ghulam Abbas might have been on different grounds and it cannot be said to be discriminatory. Learned counsel for the petitioner has failed to point out any legal flaw or infirmity in the impugned judgment warranting interference by this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973. Consequently, finding no merit in this petition it is dismissed and leave refused. H.B.T./A-128/SC Petition dismissed.