2008 PLP 719 (SCMR)
MUHAMMAD SADIQ — Petitioner Versus SUPERINTENDENT OF POLICE, OKARA and others — Respondents
| Citation | 2008 PLP 719 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | N/A |
| Parties | MUHAMMAD SADIQ — Petitioner Versus SUPERINTENDENT OF POLICE, OKARA and others — Respondents |
| Primary Law | Punjab Police (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 2008 PLP 719 (SCMR)?
This judgment primarily cites: Punjab Police (Efficiency and Discipline) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 719 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 719 (SCMR) (MUHAMMAD SADIQ — Petitioner Versus SUPERINTENDENT OF POLICE, OKARA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Tariq Nasim, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner.
- Illahi Bukhsh, Inspector (Legal) for Respondent No.1. M. Iqbal Najam, Inspector (Legal) for Respondent No.2. Date of hearing: 21st October, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 15-7-2003 passed by Punjab Service Tribunal, Lahore in Appeal No.407 of 2002).
R. 4
Civil Services Rules (Punjab), Rr.1.1, 1.2 & 1.4
Constitution of Pakistan (1973), Art.212(3)
Reduction in rank
Applicability of Rules
Punjab Police (Efficiency and Discipline) Rules, 1975, provided that in case of minor penalty, competent Authority was required to specify the period for which said penalty would remain in force
Rule 1.1 of Civil Services Rules, (Punjab) applied to police Force, but R.1.4 of said Rules had excluded application of said Rules to the persons for whose appointment and conditions of service, special provision was made under any law for the time being in force
Petition for leave to appeal was granted to consider whether R.1.2 of Civil Services Rules (Punjab) was applicable to police force in view of R.1.4 of said Rules; that in case said rule was found not to be applicable, then whether the reduction in rank of an official was intended to operate perpetually; that in case period during which the penalty had to remain operative, was required to be prescribed, then whether on expiry of said period, civil servant would automatically regain the post from which he was reverted or he would be required to undergo the process of selection to earn his promotion. Muhammad Riaz and others v. Province of the Punjab through Secretary, Education Department, Punjab, Lahore and others 2004 SCMR 1437 ref.
Judgment & Decree
SYED JAMSHED ALI, J.
The petitioner was proceeded against under the Punjab Police (Efficiency and Discipline) Rules, 1975 and was directed to be compulsory retired vide order, dated 28-11-2000 which was maintained by the appellate Authority. However, the Inspector-General (Punjab); on the revision petition of the petitioner altered the penalty to reduction in rank from Sub-Inspector to Assistant Sub-Inspector. The appeal filed before the learned Punjab Service Tribunal having been dismissed the petitioner has approached this Court.
2. The only contention pressed before us that no period during which the penalty shall remain operative was specified although it is so clearly required by Rule 1.2 of Chapter 4(4.12) of the C.S.R. (Punjab) Volume' I. Reliance is being placed on Muhammad Riaz and others v. Province of the Punjab through Secretary, Education Department, Punjab, Lahore and others 2004 SCMR 1437 wherein this Court has given effect to Rule 4.12.
3. The perusal of the Punjab Police (Efficiency and Discipline) Rules, 1975 shows that in case of minor penalty the competent authority is required to specify the period for which the said penalty shall remain in force. We have noticed that Rule 1.1 of C.S.R. applies to the Police Force but Rule 1.4 of Chapter I, excludes application of the said rules to the persons for whose appointment and conditions of service special provision is made under any law for the time being in force.
4. After hearing the learned counsel for the petitioner, we are inclined to grant leave, to consider the following questions: "(i) Whether Rule 1.2 of the C.S.R. is applicable to Police Force in view of Rule 1.4 of the C.S.R.? (ii) In case said rule is held not to be applicable, then whether the reduction in rank of an official is intended to operate perpetually? (iii) In case period during which the penalty has to remain operative, is required to be prescribed, then whether on expiry of said period, civil servant shall automatically regain the post from which he was reverted or he will be required to undergo the process of selection to earn his promotion." H.B.T./M-27/SC Leave granted.