NASIR ABBAS vs ADDITIONAL INSPECTOR GENERAL OF POLICE arts — 2025 PLC(CS) 1676 LAHORE-HIGH-COURT-LAHORE

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NASIR ABBAS VS ADDITIONAL INSPECTOR GENERAL OF POLICE arts. 8(2), 185 & 187---Police Rules, 1934, R. 12.6(3)(e)---Constitution of Pakistan---art. 199---Police service---Change of cadre from Legal to General Executive---Petitioner after his induction in Police Service as Inspector (Legal) was transferred to General Executive Cadre after fulfilling all legal formalities, which order was subsequently recalled---However, upon intervention of High Court and Supreme Court his Executive Cadre was restored but the said restoration order had been withdrawn through the impugned order in view of judgment of Supreme Court in case of "Gul Hassan Jatoi and others v. Faqir Muhammad Jatoi and others" (2016 SCMR 1254) and R.12.6(3)(e) of the Police Rules, 1934 (Rules)---Contention of the petitioner was that since his service was governed by the Police Order, 2002, (Order) instead of Rules, the ratio decidendi laid down in the said judgment could not be applied to the case of the petitioner, therefore, having completed the requisite courses/training in the Executive Cadre, he had become a legitimate expectant for his promotion in the same cadre---Validity---Stance of the Department that because of judicial intervention they had to change the cadre of the petitioner, thus, with reference to R. 12.6(3)(e) of the Rules the impugned order was passed, was the negation of the orders passed by the authority itself, whereby, the change of cadre was permitted and the petitioner was allowed to function as Inspector (Executive) during which he continued to perform at department office---Perusal of Para-53 and 54 of the judgment of the Supreme Court relied upon by the Department revealed that it was intended for employees in the Sindh Police where Police Order, 2002, was not applicable on which respondent had taken a stand that since the course was completed by the petitioner under Rules, therefore, the petitioner could not change the stand---High Court held that Rules remained in field and to the extent of its inconsistency with Order it could be overlooked---Impugned order was held to be not in accordance with law---Constitutional petition filed by the petitioner was allowed, whereas, the connected petition filed against the petitioner was dismissed, in the circumstances.

NASIR ABBAS vs ADDITIONAL INSPECTOR GENERAL OF POLICE arts — 2025 PLC(CS) 1676 LAHORE-HIGH-COURT-LAHORE

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