1992 PLP (C (PLC(CS))
M.S. TARIQ and others Versus GOVERNMENT OF SINDH and 3 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan, Chairman, |
| Parties | M.S. TARIQ and others Versus GOVERNMENT OF SINDH and 3 others |
| Primary Law | (a) Sindh Police Rules, 1979, (d) Sindh Service Tribunals Act (XV of 1973), (b) Sindh Police Rules, 1979 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Sindh Police Rules, 1979, (d) Sindh Service Tribunals Act (XV of 1973), (b) Sindh Police Rules, 1979, (c) Sindh Police Rules, 1979 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan, Chairman,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (M.S. TARIQ and others Versus GOVERNMENT OF SINDH and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Ali Khan and Sabih Ahmed for Appellants.
- Bashir A. Shaikh for Respondents.
- Date of hearing: 12th November, 1990.
Headnotes / Summary
Rr. 13.1 & 13.17(2)
Power to review or revise orders of predecessor-- Inspector General of Police was not empowered to review or revise his predecessors' orders
Entire exercise which successive Inspectors General of Police, had undertaken as if they were armed with power to review or revise orders of their predecessor was without any legal basis.
Rr.13.1 & 13.17(2)
Out of turn confirmation
Validity--Confirmation of Police Officers would be made strictly in accordance with the seniority of such officers belonging to the cadre
Rules 13.1 and 13.17(2), Police Rules, 1979, did not empower for making confirmation out of turn
Confirmation of respondent Officers who were junior to appellant officer not only in `F list but also in tentative seniority list was clear violation of Rules 13.1 & 13.17(2), Sindh Police Rules, 1979.
Rr. 13.18 & 13.20
Probation/confirmation/promotion
Out of turn confirmation by relaxing 8.13.18 could not be sanctioned under 8.1.3.20, Sindh Police Rules, 1979, for relaxation of Rules could be resorted to only in case of hardship to be caused to any individual civil servant/Police Officer by strict application of any Rule
Question of hardship would not arise if out of turn confirmations were not allowed
On the contrary, if such confirmations were sanctioned, senior officers would adversely be affected causing hardship to them.
S. 4
Sindh Police Rules, 1979, Rr. 213.18 & 13.20
Out of turn confirmation granted to respondent officers
Such out of turn confirmation being in violation of Rules could not be legally maintained and were set aside in circumstances. Abdul Ghafoor Mangi, AA.-G. for Government.
Judgment & Decree
Rr. 13.1 & 13.17(2)
Power to review or revise orders of predecessor-- Inspector General of Police was not empowered to review or revise his predecessors' orders
Entire exercise which successive Inspectors General of Police, had undertaken as if they were armed with power to review or revise orders of their predecessor was without any legal basis. (b) Sindh Police Rules, 1979
Rr.13.1 & 13.17(2)
Out of turn confirmation
Validity--Confirmation of Police Officers would be made strictly in accordance with the seniority of such officers belonging to the cadre
Rules 13.1 and 13.17(2), Police Rules, 1979, did not empower for making confirmation out of turn
Confirmation of respondent Officers who were junior to appellant officer not only in `F list but also in tentative seniority list was clear violation of Rules 13.1 & 13.17(2), Sindh Police Rules, 1979. (c) Sindh Police Rules, 1979
Rr. 13.18 & 13.20
Probation/confirmation/promotion
Out of turn confirmation by relaxing 8.13.18 could not be sanctioned under 8.1.3.20, Sindh Police Rules, 1979, for relaxation of Rules could be resorted to only in case of hardship to be caused to any individual civil servant/Police Officer by strict application of any Rule
Question of hardship would not arise if out of turn confirmations were not allowed
On the contrary, if such confirmations were sanctioned, senior officers would adversely be affected causing hardship to them. (d) Sindh Service Tribunals Act (XV of 1973)
S. 4
Sindh Police Rules, 1979, Rr. 213.18 & 13.20
Out of turn confirmation granted to respondent officers
Such out of turn confirmation being in violation of Rules could not be legally maintained and were set aside in circumstances. Manzoor Ali Khan and Sabih Ahmed for Appellants. Abdul Ghafoor Mangi, AA.-G. for Government. Bashir A. Shaikh for Respondents. Date of hearing: 12th November, 1990.