1996 PLP (C (PLC(CS))

Syed Mushtaq Hussain Ghilani for Appellant. Sardar Muhammad Yaseen Khan for Respondents. RAJA BASHIR AHMAD KHAN (CHAIRMAN).‑‑‑This appeal is directed against the order of Inspector‑General of Police issued under No.13310/AdminICPO/93, dated 26‑10‑1993 whereby the representation of appellant Muhammad Munir Khan was rejected.

2. Briefly stated the facts are that the appellant joined Reserve Police of Azad Kashmir as Constable on 1‑4‑1968. He was allowed Selection Grade on 24‑9‑1987 and was promoted as Head Constable on 1‑4‑1991. The appellant was later on transferred to District Police and was appointed as Selection Grade Constable in the District of Rawalakot vide Order Book No 226, dated 30‑9‑1991. The appellant filed representation against this order on the ground that he had already been promoted as Head Constable and he is entitled to be posted in the same rank in the Regular Police. 3: The respondent filed' written objections and stated that there was no vacant post of Head Constable in the District. The appellant has been adjusted as Head Constable in leave arrangement and he will be regularly promoted when the post is available for that purpose.

4. We have heard the counsel for the parties and have gone through the record.

5. The appellant was promoted as Head Constable on 14‑4‑1991 through Order Book No. 565 in the Reserve Police. The contention of the counsel for the appellant is that his shifting in the District Police as Selection Grade Constable amounts to reduction in his rank and is violative of the principle of natural justice since the reversion or reduction in rank can only be ordered as a penalty and it cannot be affected without first providing the appellant the opportunity of shove cause. The perusal of the record shows that the appellant was promoted as Head Constable on 14‑4‑1991 and was allotted Head Constable No. 1764 in the Reserve Police. He has been shifted to the District Police as a Selection Grade Constable which action of the respondent amounts to reduction or reversion to the lower rank which cannot be done without affording the appellant opportunity of being heard. The Order Book No. 226 is, therefore, violative of the principle of natural, justice and is not sustainable.

6. We find, while going through the record that the order of transfer was passed on 30‑9‑1991. This order appears to have been issued by the Inspector- General of Police. There is no provision of any appeal against such order in the Police Rules but in view of the provision of section 21 of Azad Jammu and Kashmir Civil Servants Act, 1976 the appellant has a right of representation to the Authority next above the Inspector‑General of Police. The appellant did not file any appeal or representation against the abovementioned order and filed a representation to Superintendent of Police, District Poonch which was forwarded to the Deputy Inspector‑General of Police, Muzaffarabad on 7‑10‑1991. The appellant did not receive any response to his representation. He filed a representation again to Inspector‑General of Police on 24‑5‑1993 which was rejected through impugned order. The original order was passed on 1‑10‑1991. The appellant filed representation before the Inspector‑General of Police on 24‑5‑1993, which is hopelessly time‑barred. The appellant has failed to show any reasonable cause of this inordinate delay. The present appeal in the circumstances is time‑bared‑ and liable to be dismissed as such.

7. In the circumstances we hold that the appeal is hopelessly time‑barred and we dismiss the same without making any order as to costs. H.B.T./279/Sr. AJ&K Appeal dismissed.