KHALILULLAH KAKAR vs PROVINCIAL POLICE OFFICER, BALOCHISTAN R — 2021 SCMR 1168 SUPREME-COURT

Case information

Citation: 2021 SCMR 1168 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: KHALILULLAH KAKAR vs PROVINCIAL POLICE OFFICER, BALOCHISTAN R
Subject matter: Service
Provisions referred to: S. 3---; Balochistan Police Act (X of 2011); Balochistan Police Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHALILULLAH KAKAR VS PROVINCIAL POLICE OFFICER, BALOCHISTAN R. 2(b)--- Balochistan Police Act (X of 2011), S. 3--- Balochistan Police Force--- Separate seniority lists prepared for Deputy Superintendents of Police ('DSPs') belonging to different branches---Legality--- Respondents who were DSPs belonging to the legal/prosecution branch challenged the issuance of separate seniority lists---Held, that as matter of common practice, which was prevalent in all four Provinces and Islamabad Capital Territory, seniority lists of DSPs of legal/prosecution branch was being prepared separately as compared to DSPs of other branches---Rule 2(b) of the Balochistan Deputy Superintendents of Police Service Rules, 1978, mentioned about different branches of the Police---Said Rules of 1978, the Balochistan Police Act, 2011 and the Police Rules, 1934, were silent on the point as to whether there should be separate or joint seniority lists of DSPs but the language used therein about the different branches of the police force and the fact that the mode of recruitment, nature of job, duties and training of legal/prosecution branch of the Balochistan Police was different than the other branches of the police, left no room to believe that the act of issuing separate seniority lists was well reasoned, in line with the practice followed in other Provinces including Islamabad Capital Territory and Gilgit Baltistan and in accordance with the intent of the law---Appeal was allowed.

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