ORDER SHEET
C.P. No. D-4414 of 2013
C.P. No. D-4447 of 2013
C.P. No. D-4722 of 2013
C.P. No. D-4775 of 2013
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Order with signature of Judge
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20.11.2013.
Mr. M. Khan Buriro, advocate for the Petitioners in C.P. No. D-4414 of 2013.
Mr. Nazeer Ahmed, advocate for the Petitioners in C.P. No. D-4447, D-4722 and D-4775 of 2013.
Mr. Abdul Jalil Zubedi, AAG.
ADIG Police Sindh Muhammad Saleem and AIG Police (Legal) Ali Sher Jakhrai are present in person.
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In C.P. No. D-4414 and D-4447 of 2013 notices were issued whereas the C.P. No. D-4722 and D-4775 of 2013 were fixed yesterday and for want of time we directed that these two Petitions may also be fixed with C.P. No. D-4414 and D-4447 of 2013.
Learned AAG waives notice in C.P. No.4722 & 4775 of 2013 and submits that comments filed by the ADIG Police (Legal), Sindh in C.P. No.D-4414/2013 may be considered in C.P. No. D-4722 and D-4775 of 2013 also.
The controversy involved in the aforesaid four Petitions is similar. All the Petitioners have impugned the Order No.EB/E-V/HC/90001-23 dated 25.10.2013, issued by the DIGP, Administration on behalf of Inspector General of Police, Karachi Range, whereby the Police Officials mentioned in the list were withdrawn from the Course of Intermediate School Course at PTC Saeedabad, Karachi sent for training in view of CPO Sindh Standing Order No.269/2013.
The case of the Petitioners is that in order to promote the Petitioners from the Posts of the Head Constables (HC) to the rank of Assistant Sub-Inspector (ASI), they were sent for A, B and C Category for training purpose at PTC Saeedabad, Karachi. The letters for training were issued to them and the duration of course was for a period of six months. After sending them on training, the Petitioners have almost completed five months and 10 days training period, but before the completion of training period, their names were withdrawn abruptly vide letter dated 25.10.2013. They have prayed to this Court that direction may be issued to the respondents to allow them completion of remaining training period and thereafter they should be considered for promotion to the next grade/post.
AIG Police (Legal) Ali Sher Jakhrai has filed comments through ADIG Police Sindh, Karachi, in which it is stated that the Petitioners were sent to the Course, but their deputation on Intermediate School Course was as a result of exemption from passing A-1 & B-1 and Lower School Course examinations but later on they were reverted in view of the order of the honourable Supreme Court of Pakistan passed in Suo Moto Case No.03/2012 and C.P. No. 492 and 495 of 2009. Consequently, the exemption granted to the Petitioners was also withdrawn by CPO vide order dated 07.06.2013. It is further stated that Standing Order No.269/2013 has also been challenged in this Court in Suit No.970/2013 on the ground that exemption from passing departmental exams is not allowed in Police Rules.
We have seen the interim order passed by the learned Single Judge of this Court in Suit No.970/2013 on 29.07.2013, in which it was clearly directed that till the next date, the case of any Police Official, who is affected by the decision of the honourable Supreme Court of Pakistan and who is also in any manner said to come within the scope of the aforementioned Provision of Standing Order No.269/2013 shall not be considered for promotion. However, it is clarified that if the DPC is of the view that there will be no violation whatsoever either in letter or in spirit of the decision of the honourable Supreme Court of Pakistan, it may act strictly in accordance with law and pass the necessary orders but while doing so it must specify in detail the reasons why the decision of the honourable Supreme Court of Pakistan is not being violated and why the particular officer concerned is entitled to the benefit of exemption.
From the comments, it is clearly reflected that whatever action regarding withdrawal of the Petitioners from the said course taken was the result of judgment of the honourable Supreme Court of Pakistan and in view of the interim orders passed by this court in Suit No.970/2013 passed on 29.07.2013.
To a question raised by this Court to the learned counsel for the Petitioners as to whether they have filed any application for impleading the Petitioners in that Suit, the answer was in negative. The DIGP order dated 25.10.2013 though shows that large number of persons including the Petitioners were withdrawn from the said course but in Paragraph-2 following assurance has also been given:-
“2. The cases of all demoted Police personnel will be considered for assignment of seniority at par with their batch mates as well as deputation on departmental promotional course after receiving the decision/policy of the Committee in the said Standing Order from CPO Sindh, Karachi as well as judgment received from High Court of Sindh, Karachi in the subject case.”
What we understand by reading this order is that despite withdrawal of the Petitioners from the said course, still there is a clear possibility shown in the order itself that the case of the demoted Police personnel will be considered for assignment of seniority with their batch mates including their deputation on departmental promotional course, but it will be done after receiving decision/policy of the committee as well as order passed in Suit No.970/2013.
Mr. Abdul Jalil Zubedi, learned AAG and AIG Police (Legal) Ali Sher Jakhrai have fully supported the averments made in Paragraph-2 of the DIGP Order dated 25.10.2013 which reflects clear position that if the policy is made out and the order of the learned Single Judge passed in Suit No.970/2013 is varied, recalled, modified and or set aside, the Petitioners including all the officials mentioned in the order will be considered by the Committee for their promotion as well as sending them on Promotional Course. The AIG (Legal) further submits that before the learned Single Judge the issue of maintainability of suit will also be agitated in view of latest judgment of hon’ble Supreme Court in police officials case referred to in the order of learned Single Judge.
The AIG Police (Legal) Ali Sher Jakhrai submits that one of the Petitioners namely Ali Dost, whose name appeared at Sr.19 in C.P. No. D-4414/2013, has already been sent for Course after examining his case.
Learned counsel for the Petitioners are satisfied with the averments made in paragraph 2 of the DIGP Order and the assurance given by AIG (Legal) in court today.
Consequently, all aforesaid four Constitutional Petitions are disposed of with the directions that in view of paragraph 2 of order dated 25.10.2013, the Respondents shall ensure that the Committee shall draw/prepare Policy for consideration of the cases of the Petitioners within a reasonable period of time and consider all the Petitioners. It is further ordered that at the time of considering the cases of the Petitioners, if they are found eligible for training course, their five months and 10 days training period will be protected and benefit/relaxation of undergone period of training already completed will be given to them.
JUDGE
JUDGE