P L D 1962 (W (PLP)

3. The points taken before us by the learned Advocate for the petitioner were : (a) that the order of dismissal of the petitioner by the Inspector‑General of Police, when no appeal had been preferred to him, was illegal and ultra vires ; and (b) that the rules of the Bombay District Police Manual under which the Inspector‑General of Police appears to have acted ceased to be operative in regard to the conditions of service of the members of the subordinate rank of police force in Karachi by Notification No. 2/21/51‑Kar., dated 4th February 1.956. This Notification reads: "Ministry of Interior. Karachi, the 4th February 1956. No. 2/21/51‑Kar.‑In exercise of the powers conferred by section 241 (2) (a) of the Government of India Act, 1935, read with Article 6 (1) of the Pakistan (Establishment of the Federal Capital) Order, 1948, the Governor‑General is pleased to direct that all persons appointed or employed fn connection with the affairs of the Chief Commissioner's Province of Karachi shall, in respect of conditions of their service, be governed by the rules framed by the Governor‑General for persons serving In connection with the affairs of the Federation subject to such modifications as may be made by the Governor‑General."

4. We find that there is no substance in both these conten tions for the following reasons: (a) Rule 1291 of the Bombay Police Manual is a short answer to the contention. Rule 1291 reads: "1291. (1) The Superintendent shall forward every month to the Inspector‑General of Police through the Range Deputy Inspector‑General a return of punishments inflicted. In reviewing the returns the Inspector‑General may call for and examine the papers in any case of punishment where an officer appears to him to have been improperly punished, and may, confirm, reduce, enhance, alter or cancel the punishment Inflicted" 5. (b) Notification No. 2/21/51 Kar. does not apply to, the members of the police force. Section 243 of the Government of India Act, 1935 governed the conditions of service of the subordinate rank of various police forces fn Pakistan. Section 243 reads: "

243. Special provisions as to police‑Notwithstanding any thing in the foregoing provisions of this Chapter, the conditions of service of the subordinate ranks of the various police forces in Pakistan shall be such as may be determined by or under the Acts relating to those forces respectively." The Supreme Court in Noorul Hassan v. Federation of Pakistan (P L D 1956 S C (Pak.) 331), has held that: "The opening words of section 243 `Notwithstanding anything in the foregoing provisions of this Chapter' are significant. They mean that the constitutional guarantees contained in the fore going sections, viz., sections 240, 241 and 242, can be destroyed or diminished in the case of the police force by making rules under Police Acts contrary to the statutory provisions contained in the above sections. If no such rules exist, the statutory guarantees must have their full force and play." Article 224 of the late Constitution of the Islamic Republic of Pakistan also clearly saves the rules of the Bombay Police Manual from their operation. Article 224 reads "224‑(1) Notwithstanding the repeal of the enactments men tioned in Article 221, and save as is otherwise expressly provided in the Constitution all laws (other than those enactments, includ ing Ordinances, Orders In Council, Orders, rules, bye‑laws, regulation, Notifications and other legal instruments in force in Pakistan or in any part thereof, or having extra‑territorial validity, immediately before the Constitution Day, shall, so far as applicable and with the necessary adaptations, continue in force until altered, repealed or amended by the appropriate legislature or other competent authority."

6. It is, therefore, apparent that the provisions of the Government of India Act and the rules framed under the Bombay District Police Manual Act, 1890 continue to apply to the subordinate police force. The learned counsel for the petitioner did not show that these provisions in the Government of India Act or the late Constitution had been altered or repealed or amended by any competent authority. The petition is dismissed. No order as to costs. K. B. A. Petition dismissed.