| Case ID |
3cb7adbb-b3fa-43c1-b2be-a4caf50bed52 |
| Body |
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| Case Number |
Civil Misc. Applications Nos. 687, 719 and 1551 of |
| Decision Date |
Mar 29, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled on the maintainability of petitions filed by police officials seeking 'out of turn promotions' based on claims of gallantry or bravery. The Court held that such promotions were unconstitutional and that the High Court had no jurisdiction under Article 199 of the Constitution to entertain such petitions. It emphasized that police officials should utilize appropriate legal forums for grievances rather than initiate proceedings in the High Court. The Court directed the Provincial Inspector General of Police to act upon its findings regarding the withdrawal of these promotions, ensuring that notifications were issued immediately. Furthermore, the Court dismissed the review petitions of police officers claiming promotions based on acts of bravery, affirming that out of turn promotions should be reconsidered in line with the established legal framework. The judgment reinforced the discipline expected within the police force and the necessity for adherence to lawful procedures in promotion matters. |
| Summary |
This case addresses the constitutional validity of 'out of turn promotions' granted to police officials based on claims of bravery. The Supreme Court of Pakistan determined that these promotions are unconstitutional and beyond the jurisdiction of the High Court under Article 199 of the Constitution. The ruling underscores the importance of maintaining discipline within the police force and the requirement for officials to pursue legitimate grievances through proper legal channels. The Court's findings necessitate immediate action by the Inspector General of Police to revoke these promotions, thus ensuring compliance with the law and upholding the principles of justice. This case highlights the intersection of civil service regulations and constitutional rights, emphasizing the role of the judiciary in safeguarding legal standards in public service promotions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM,
QAZI FAEZ ISA,
SARDAR TARIQ MASOOD
|
| Lawyers |
Khawaja Haris Ahmed,
Mehr Khan Malik,
Malik Muhammad Qayyum,
Qusain Faisal Mufti,
Syed Rifaqat Hussain Shah,
Ms. Ayesha Hamid,
Sardar Ashiq Mehmood Khan Sadozai,
Ms. Asma Jehangir,
Talat Farooq Sheikh
|
| Petitioners |
MUHAMMAD HASEEB,
KHALID MEHMOOD AFZAL,
MALIK MUHAMMAD SABIR,
AWAIS MALIK
|
| Respondents |
MUSHTAQ SUKHERA, IG POLICE
|
| Citations |
2017 SLD 1462 = 2017 PLC 1242
|
| Other Citations |
2013 SCMR 1752,
2015 SCMR 456,
2017 SCMR 206
|
| Laws Involved |
Civil Servants Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
9,
199
|