2007 PLP 1864 (SCMR)
INSPECTOR-GENERAL OF POLICE, PUNJAB LAHORE and another — Appellants Versus MUHAMMAD IQBAL — Respondent
| Citation | 2007 PLP 1864 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal Actg. C.J. and Sardar Muhammad Raza Khan, J |
| Parties | INSPECTOR-GENERAL OF POLICE, PUNJAB LAHORE and another — Appellants Versus MUHAMMAD IQBAL — Respondent |
| Primary Law | (a) Punjab Service Tribunals Act (IX of 1974), (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1864 (SCMR)?
This judgment primarily cites: (a) Punjab Service Tribunals Act (IX of 1974), (b) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1864 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal Actg. C.J. and Sardar Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1864 (SCMR) (INSPECTOR-GENERAL OF POLICE, PUNJAB LAHORE and another — Appellants Versus MUHAMMAD IQBAL — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain, Additional Advocate-General, Punjab along with Shahbaz Khan, D.S.P. (Legal) for Appellants.
- Pervaiz Inayat Malik, Advocate Supreme Court for Respondent.
- Date of hearing: 28th May, 2007.
Headnotes / Summary
(On appeal from the judgment, dated 15-6-2005 of the Punjab Service Tribunal, Lahore passed in Appeal No.2548 of 2004).
S. 4
Police Rules, 1934, R.13.14
Constitution of Pakistan (1973), Art.25
Hijacking attempt made abortive by police party consisting of Sub-Inspector and three constables
Granting of out of turn promotion to constables from date of occurrence in year, 1990, but admission of Sub-Inspector in List-F for promotion as Inspector from 1-8-1992
Acceptance of appeal of Sub-Inspector by Service Tribunal
Sub-Inspector was senior most among police party and had led the encounter
Granting promotion to Sub-Inspector from 1-8-1992 was sheer discrimination
Service Tribunal had rightly redressed grievance of Sub-Inspector
Supreme Court dismissed appeal in circumstances.
Art. 212(3)
Civil Procedure Code (V of 1908), S.79 & O.XXVII, R.1
Appeal to Supreme Court by Inspector-General of Police in service matter of police employees against judgment of Service Tribunal
Grievance of civil servant was against Provincial Government
Inspector-General of Police would not constitute Provincial Government
Appeal filed by Police Officer without impleading Provincial Government through Secretary concerned was not maintainable
Supreme Court dismissed appeal in circumstances.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
Inspector-General of Police, Punjab, Lahore and another have been granted leave to appeal from the judgment dated 15-6-2005 of learned Punjab Service Tribunal, whereby, on acceptance of appeal of Muhammad Iqbal respondent, he was allowed out of turn promotion without prejudice to the seniority to his seniors.
2. Briefly, Muhammad Iqbal was promoted and confirmed as Sub-Inspector with effect from 2-4-1989. While posted as S.-I. (MCPO) Highway Traffic, he along with other police party on 9-7-1990 made a hijacking attempt abortive. He was accompanied by Head Constable Liaqat Ali and constables Allah Rakha and Akhtar. Hussain. An out of turn promotion was recommended for all the police officials involved. Muhammad Iqbal was admitted to list-F for promotion as Police Inspector with effect from 1-8-1992 on the basis of excellent performance. On the other hand, Head .Constable Liaqat Ali and two constables Allah Rakha and Akhtar Hussain were granted out of turn promotion with effect from the date of occurrence in the year 1990.
3. It is an admitted fact that all the police officials involved were granted out of turn promotion with effect from 9-7-1990 i.e. the date of relevant encounter. It is also admitted that the aforesaid promotion was granted to the respondent with effect from 1-8-1992 despite the fact that he was the senior most among the police party and had led the encounter. In the given circumstances, it was nothing but sheer discrimination, rightly redressed by the learned Tribunal.
4. The respondent is a civil servant whose grievances are against the Provincial Government. The Inspector-General of Police does not constitute Provincial Government and hence the instant appeal filed by Police Officers without impleading the Government of Punjab through. Secretary concerned is not maintainable. Similar objection was available to them before the Tribunal but it was never taken before the forum.
5. For all that has been discussed above, the instant appeal having no merit, is hereby dismissed. S.A.K./I-10/SC Appeal dismissed.