| Case ID |
e34547f6-00e6-4f43-938d-a31567315b70 |
| Body |
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| Case Number |
233/219 of 1983 |
| Decision Date |
Jan 19, 1984 |
| Hearing Date |
|
| Decision |
The Service Tribunal, Punjab, under the leadership of Chairman Sardar Abdul Jabbar Khan, adjudicated the appeal filed by Anwar Ali against the Inspector-General of Police, Punjab. The appellant sought pro forma promotion based on the removal of adverse entries from his service record, specifically the expunction of a 1972 report that previously hindered his confirmation and placement on List 'F'. After a thorough examination of the case details, including the unresolved gold smuggling inquiry which lacked substantial progress, the Tribunal found that the appellant had successfully cleared the hurdle that initially affected his service record. Consequently, the Tribunal accepted the appellant's appeal, directing the Inspector-General of Police, Punjab, to place Anwar Ali on List 'F' retroactively to the date when his immediate juniors were promoted, thereby ensuring equitable treatment and recognition of his unblemished service record following the expunction of the adverse entry. |
| Summary |
In the landmark case of Anwar Ali versus the Inspector-General of Police, Punjab, adjudicated by the Service Tribunal, Punjab, the appellant sought justice under the Punjab Service Tribunals Act (IX of 1974), specifically invoking Section 4 concerning pro forma promotion. The core of the dispute revolved around adverse entries in Anwar Ali's service record, notably a 1972 report that adversely affected his confirmation as Sub-Inspector and his placement on the coveted List 'F'. Despite initially being hindered by this unfavorable entry and a pending inquiry related to a murder case, Anwar Ali managed to get the 1972 report expunged, thereby clearing his record. The Tribunal meticulously examined the validity of the Inspector-General of Police's decision to reject the appellant's representation for List 'F' placement, especially after the removal of the adverse entry. Considering the lack of substantial progress in the additional gold smuggling inquiry and the appellant's unblemished service post-expunction, the Tribunal concluded that the rejection was unjustified. Upholding principles of fairness and equitable service recognition, the Tribunal directed the Inspector-General to promote Anwar Ali to List 'F' retroactively to align with the promotions of his immediate juniors. This decision underscores the significance of maintaining clean service records and the imperative of procedural fairness in administrative promotions within the police force. The case not only reinforces the protections afforded to civil servants against unmerited adverse entries but also highlights the role of Tribunals in ensuring just and transparent administrative actions. For legal professionals and civil servants, this judgment serves as a pivotal reference point for addressing grievances related to service confirmations and promotions, emphasizing the necessity of clear records and the right to appeal against unjust administrative decisions. Additionally, the case sheds light on the interplay between various levels of police administration and the importance of thorough and unbiased investigations in upholding the integrity of service records. By championing the appellant's rightful place on List 'F', the Tribunal has set a precedent that balances administrative discretion with the fundamental rights of service personnel, promoting a fair and merit-based promotion system within the Punjab Police force. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Service Tribunal, Punjab,
FIA,
Inspector-General of Police, Punjab,
Deputy Inspector-General of Police, Lahore Range
|
| Judges |
S. ABDUL,
JABBAR KHAN,
MALIK ZARUMAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Dr. Khalid Ranjha,
Humayun
|
| Petitioners |
Anwar Ali
|
| Respondents |
Inspector-General of Police, Punjab
|
| Citations |
1987 SLD 1223,
1987 PLC 526
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|