| Case ID |
1afa7373-a9e2-4db5-a64b-c6ebfadeb65e |
| Body |
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| Case Number |
Appeal No.29 of 2003 |
| Decision Date |
Aug 16, 2004 |
| Hearing Date |
Jun 07, 2004 |
| Decision |
The appeal of Syed Sahib Shah was accepted, with the Tribunal setting aside the order dated May 19, 1992, and December 17, 2002, which had reverted him to his substantive rank of Sub-Inspector from Inspector. The Tribunal noted that the appellant was initially promoted due to his gallant act which was recognized, and highlighted that similar promotions had been granted to other officers, establishing a precedent for out-of-turn promotions based on gallantry. The decision emphasized that the principles of natural justice were violated as the appellant was not given an opportunity to defend his promotion. Thus, the Tribunal ruled that the treatment of the appellant was discriminatory, and ordered the restoration of his promotion. |
| Summary |
In the case of Syed Sahib Shah versus the Government of Sindh, the Service Tribunal of Sindh analyzed the legality of the out-of-turn promotion granted to the appellant based on gallantry. The appellant was originally appointed as Assistant Sub-Inspector and later promoted to Inspector due to his exceptional service during an encounter with a notorious criminal. However, he was reverted to Sub-Inspector following a ruling by the Tribunal, which was upheld by the Supreme Court, declaring such promotions illegal. The Tribunal found that the authority misinterpreted the legal framework surrounding promotions and confirmed that out-of-turn promotions for gallant acts are permissible under the Sindh Civil Servants Act. The decision reinforced the necessity of adhering to principles of fairness and justice in administrative decisions. The Tribunal's ruling not only reinstated the appellant's promotion but also highlighted systemic issues in the treatment of police officers regarding promotions based on gallantry. This case underscores the importance of legal clarity in administrative actions, ensuring that merit and bravery in service are duly recognized and rewarded, aligning with evolving standards in civil service regulations. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) ABDUL GHANI SHAIKH,
YOUSUF ALI MIRZA,
NUR AHMED SHAH
|
| Lawyers |
Shabir Ahmed Awan,
Mrs. Tabasum Ghazanfar, Assistant A.-G.
|
| Petitioners |
Syed Sahib Shah
|
| Respondents |
GOVERNMENT OF SINDH through Secretary Home Department and others
|
| Citations |
2005 SLD 890,
2005 PLC 390
|
| Other Citations |
Anwar Muhammad v. General Manager Pakistan Railways Lahore and another 1995 PLC (C.S.) 803,
Muhammad Jan Marwat and another v. Nazir Muhammad and 17 others 1997 SCMR 287,
Messrs M.S. Tariq and others v. Government of Sindh and others 1992 PLC (C.S.) 43,
Chief Secretary, Government of Punjab. Lahore and others v. Raja Mumtaz Ahmed, Superintendent of Police. CIA Staff. Rawalpindi, 1995 PLC (C.S.) 1140,
1992 PLC 1029
|
| Laws Involved |
Sindh Civil Servants Act,
Sindh Service Tribunal Act,
Police Rules
|
| Sections |
9-A,
4,
13.1
|