Full Judgment Text & Judicial Ruling

2012 P L C (C.S.) 1171

[Balochistan High Court]

Before Nasrullah Khan Achakzai, Chairman, Muhammad Naeem Khan Ghilzai, and Shagufta Begum, Members FAHEEM ROBIN and others

Versus

GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs, Quetta and others

Service Appeals Nos.223, 225 of 2010, 21 and 72 of 2011, decided on 23rd December, 2011.

Balochistan Civil Servants Act (IX of 1974)---

----Ss. 8 & 9---Balochistan Service Tribunal Act (V of 1974), S.4---Out of turn promotion---Central Police Officer by issuing a circular invited objections on the provisional seniority list of Inspectors of Police---Appellant filed objection, but competent authority on the very next date vide notification promoted respondents from Inspector (B-16) to the rank of DSP (B-17) with immediate effect without waiting for the finalization of seniority list of Inspectors, and without deciding the objections of the appellants on the provisional list---Whether circulation of the Circular in question had been served on all the Inspectors was not clear, nor proper opportunity for objections on the provisional list had been provided to them, which was a clear violation of settled law---Final seniority list was to be prepared and promotion would be made according to that list---Department had totally ignored said rules---Impugned notification was set aside and cases were remanded to Central Police Officer to issue a new circular of provisional seniority list and ensure the service and information of the provisional seniority list and after inviting objections and decisions thereon final list be issued---Cases of senior Inspectors who were entitled for promotion, could then be placed before the Departmental Promotion Committee for consideration---Order accordingly.

Zahid Muqeem Ansari, M. Naeem Bazai and Manzoor Ahmed Rehmani for Appellants.

Abdul Latif Kakar, Asstt. A.-G. and Gul Baran Represenative of P.P.O. for Respondents.

Date of hearing: 15th December, 2011.

JUDGMENT

NASRULLAH KHAN ACHAKZAI, CHAIRMAN.-This common Judgment will govern the disposal of S.A.No.223 of 2010, S.A.No.225 of 2010, S.A.No.21 of 2011, and S.A. No.72 of 2011 as common question of law is involved.

2. In all above mentioned appeals the appellants have challenged the seniority of respondents Nos.4 to 17 and their Notifications of promotion dated 13-8-2010 and 16-11-2010 whereby the respondents have been promoted to the rank of DSP with a prayer to set aside the above mentioned Notifications and promote the appellants to the rank of DSP of Police as per their seniority.

4.(sic) That brief facts for filing of these appeals are that the appellants have joined the police Department and were serving to the entire satisfaction of the Police Department from the date of their joining and no complaint what so ever has come on record against them. There was no impediment in way of their promotion.

5. On 12th August, 2010 the Central Police Officer Balochistan Quetta issued a circular for intimation to all the concerned regarding objections on provisional seniority list of Inspectors of Police were invited objections on the said seniority list within one month. The appellants filed objections on the said provisional seniority list the competent authority without deciding the objections of the appellants on the provisional seniority list of Inspectors have issued Notifications dated 13-8-2010 and 16-11-2010 wherein private respondents Nos.4 to 17 have been given out of turn promotion to the rank of Deputy Superintendent of Police ignoring the appellants who were seniors as per seniority list. Being aggrieved from the above Notifications the appellants have preferred departmental appeal which has not been decided as yet. The official respondents have filed their reply as well as the private respondents. The official respondent No.2 in Service Appeal No.223 of 2010 has stated that the Inspectors who were promoted to the rank of DSP was made according to their seniority, and the appellants namely Faheem Robin was deferred from promotion due to adverse remarks "C" reports on his ACR for the year 2007. While in S.A.No.225 of 2010 it has been stated that the said Inspector namely Mubarik Ali had been ignored due to not completing his upper course on time. While in S.A.No.21 of 2011 it has been stated that he has also not conducted his upper course therefore, he was not considered for promotion. While in S.A.No.72 of 2011 it has been stated that the ACR of the appellants namely Amanullah for the years 2008 to 2009 has not been submitted therefore, his case was deferred which can be considered in the next Departmental Promotion Committee.

6. We have heard the learned counsel for the parties and learned Assistant Advocate General perused the record with their assistance and their replies to the appeals. We have noted that on 12th August, 2010 a Circular No.33654-66/13(41)/A has been issued by the Central Police Balochistan Quetta to Inspector General of Police and the others, whereby the provisional seniority list of Inspectors (B-16) Balochistan Police General Cadre as stood on 13-7-2010 is enclosed in which it was requested to circulate this seniority list on IPs serving under their command, who within one month may make representation if required. If nothing is heard within the prescribed time limit then provisional seniority list shall be treated as final after expiry of one month. The appellants have filed objections on the proposed seniority list which has not been decided by the authority as yet and on very next day i.e. 13-8-2010 Notification No.33785-95/13(108)/A and on 16-11-2010 a Notification No.45332-/13(4)/A was issued by Central Police Office Balochistan Quetta in which 20 officials have been promoted from Inspector (B-16) to the rank of DSP (B-17) with immediate effect without waiting for the finalization of seniority list of inspectors and deciding the proposed objections of appellants and others on the provisional list. It is neither clear that the circulation dated 12-8-2010 has been served on all the inspectors nor proper opportunity for objections on the said provisional list has been provided to them. Which is a clear violation of the order passed by the Hon'ble Supreme Court of Pakistan on 8-3-2011 in Human Right Cases Nos.1038 of 2010, 6679-P of 2011 on the said order the Hon'ble Supreme Court in the Para 2 has held as under:---

"It is also directed that a final seniority list be got prepared and the promotion shall be made according to that list and meeting of departmental Selection committee/General Promotion board shall continue till finalization of all the cases requiring attention for promotion of the incumbents."

However, the department has totally ignored the order dated 8-3-2011 of Hon'ble Supreme Court, Law and rules in the instant case thus we allow these appeal, set aside the impugned notifications dated 13-8-2010 and 16-11-2010 and remand the cases to Central Police Officer Balochistan Quetta to issue a new circulation of provisional seniority list of the IPs and ensure the service and information of the provisional seniority list on the IPs invite their objections if any after decision of objections final seniority list be issued. Then the cases of senior Inspectors who are entitled for promotion may be placed before the Departmental Promotion Committee for consideration. This process shall be completed within 2 months from the receipt of this Judgment under intimation to the Registrar of this Tribunal, with no order as to costs. File after completion be consigned to record.

H.B.T./15/Q Order accordingly.

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