1992 PLP (C (PLC(CS))
MUHAMMAD AFSAR KHAN Versus INSPECTOR-GENERAL OF POLICE, MUZAFFARABAD and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Azad J&K |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member |
| Parties | MUHAMMAD AFSAR KHAN Versus INSPECTOR-GENERAL OF POLICE, MUZAFFARABAD and another |
| Primary Law | Police Rules, 1934 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Police Rules, 1934 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 Azad J&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUHAMMAD AFSAR KHAN Versus INSPECTOR-GENERAL OF POLICE, MUZAFFARABAD and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Rafique Mahmood for Appellant.
- Abdur Rashid Abbasi for Respondents.
Headnotes / Summary
R. 12.2
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982-- R.13
Subordinate Police Officer-- Applicability of Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982
Appellant Police Inspector challenging order/power of Inspector General of Police whereby respondent was declared senior to him
(Sardar Muhammad Sajawal Khan, Chairman) Respondent while on post of Sub-Inspector of Police, because of his earlier entry in rank and grade of Sub-Inspector of Police held senior position as against appellant
Respondent was raised to post of Sub-Inspector with effect from 2-8-1971 while appellant was promoted to that post w.e.f. 1-2-1974-- Promotion of respondent was also ordered after one and a half months and at a very belated stage; his promotion was given retrospective effect from 3-11 1982 as Inspector i.e. the date on which appellant was promoted and by doing that he was also declared senior to the appellant
Question whether appeal was within time and whether Inspector-General of Police had power to make impugned order and whether impugned order was rightly made keeping in view seniority of appellant and that of respondent
Police Rules, 1934 not providing any departmental remedy to be availed of by a Subordinate Police Officer against such an order as might affect his seniority and promotion to the next higher grade, Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, held, would be relevant to be made applicable to case of appellant-- Order having been made by Inspector-General of Police on a petition referred to him by Minister Incharge of Police Department; the appellant, if aggrieved, was entitled to bring an appeal to the next higher authority within sixty days-- Appellant instead of choosing the right course of action, submitted a representation to the same authority who had passed impugned order and waited for more than two years for the result of his representation
He brought his appeal against impugned order before Service Tribunal on 26-2-1989 while impugned order against him was made long before on 11-12-1986
His appeal thus was clearly time-barred
Appellant also had not proved any malice on file against respondents
Appeal dismissed on point of limitation as on merits.
Judgment & Decree
INSPECTOR-GENERAL OF POLICE, MUZAFFARABAD and another Service Appeal No. 424 of 1989, decided on 23rd December, 1990.
R. 12.2
Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982-- R.13
Subordinate Police Officer-- Applicability of Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982
Appellant Police Inspector challenging order/power of Inspector General of Police whereby respondent was declared senior to him
(Sardar Muhammad Sajawal Khan, Chairman) Respondent while on post of Sub-Inspector of Police, because of his earlier entry in rank and grade of Sub-Inspector of Police held senior position as against appellant
Respondent was raised to post of Sub-Inspector with effect from 2-8-1971 while appellant was promoted to that post w.e.f. 1-2-1974-- Promotion of respondent was also ordered after one and a half months and at a very belated stage; his promotion was given retrospective effect from 3-11 1982 as Inspector i.e. the date on which appellant was promoted and by doing that he was also declared senior to the appellant
Question whether appeal was within time and whether Inspector-General of Police had power to make impugned order and whether impugned order was rightly made keeping in view seniority of appellant and that of respondent
Police Rules, 1934 not providing any departmental remedy to be availed of by a Subordinate Police Officer against such an order as might affect his seniority and promotion to the next higher grade, Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982, held, would be relevant to be made applicable to case of appellant-- Order having been made by Inspector-General of Police on a petition referred to him by Minister Incharge of Police Department; the appellant, if aggrieved, was entitled to bring an appeal to the next higher authority within sixty days-- Appellant instead of choosing the right course of action, submitted a representation to the same authority who had passed impugned order and waited for more than two years for the result of his representation
He brought his appeal against impugned order before Service Tribunal on 26-2-1989 while impugned order against him was made long before on 11-12-1986
His appeal thus was clearly time-barred
Appellant also had not proved any malice on file against respondents
Appeal dismissed on point of limitation as on merits. Sardar Rafique Mahmood for Appellant. Abdur Rashid Abbasi for Respondents.