Legal Case Summary

Case Details
Case ID e15a2d83-be6f-4cf6-97d1-c7f478ea98fb
Body View case body.
Case Number Appeals Nos. 461, 462 and 463 (R) of 1995
Decision Date Feb 27, 1996
Hearing Date Feb 01, 1995
Decision The appeals filed by the appellants were dismissed on the grounds of incompetency and delay. The Tribunal ruled that the out of turn promotion of the respondent No. 4 was valid under the Police Rules and the Punjab Civil Servants Act for demonstrating exceptional honesty. The appellants failed to follow proper procedural channels for their grievances and did not join necessary parties in their appeals. The Tribunal emphasized that the promotion was justified based on the unique circumstances of the case, which included a significant act of honesty by the respondent No. 4. Therefore, the decision of the authority promoting the respondent was upheld, and the appeals were dismissed with no order as to costs.
Summary In this case, the Federal Service Tribunal addressed appeals concerning the out of turn promotion of Mr. Abdur Rahim, a respondent who was promoted to Sub-Inspector despite being junior to the appellants. The appellants, who were Assistant Sub-Inspectors, argued that the promotion was unjust as it bypassed the normal seniority rules. The Tribunal examined the relevant laws, including the Police Rules, 1934, and the Punjab Civil Servants Act, 1974, which allow for out of turn promotions in exceptional circumstances, particularly for acts of honesty. The Tribunal found that the respondent's return of an overpaid amount to a bank warranted such a promotion. The appeals were dismissed on procedural grounds, with the Tribunal highlighting the necessity of following proper channels and joining necessary parties in appeals. The case reinforces the legal framework surrounding civil servant promotions and the importance of integrity in public service.
Court Federal Service Tribunal
Entities Involved Not available
Judges ABDUL RAZZAQ A. THAHIM (CHAIRMAN), MUHAMMAD ISMAIL, NOOR MUHAMMAD MAGSI, ROSHAN ALI MANGI
Lawyers Sh. Riazul Haq, Shah Abdur Rashid, Mr. Fida Ali
Petitioners EHSAN ALI
Respondents SECRETARY, KANA DIVISION, ISLAMABAD
Citations 1996 SLD 753, 1996 PLC 999
Other Citations 1982 SCMR 113, 1993 SCMR 1814, 1995 PLC (C.S.) 836, 1982 SCMR 1135
Laws Involved Police Rules, 1934, Punjab Civil Servants Act, 1974, Service Tribunals Act, 1973
Sections R. 13.1(1), S. 8-A, S. 4