TASSADUQ HUSSAIN JILLANI, J.---Respondent's appeal was allowed mainly on the ground that the impugned order was passed by the District Police Officer whereas the Competent Authority is the Regional Police Officer. Respondent at the relevant time was a Sub-Inspector.
2. Learned Additional Advocate-General refers to Article 23 of Police Order, 2002 to contend that it is the District Police Officer who is the competent authority for appointing officers of the junior ranks. The afore-referred provision read as under:- "23. Appointment of junior ranks.---Subject to rules, Head of District Police shall be the appointing authority for junior ranks."
The expression "junior ranks" has been defined in Article 2(xii) which reads as follows:-- 2(xii) "junior ranks" means: members of the police of and below the rank of Inspector as set out in the First Schedule."
3. Confronted with the above, respondent submits that since his appeal was not decided on merit, it may be remanded to the Tribunal to decide it afresh.
4. The stand taken by respondent is fair. The Service Tribunal allowed the appeal mainly on the ground that the competent authority to initiate proceedings against the Sub-Inspectors is only the Regional Police Officer which is violative of the afore-referred provision of law.
5. In view of the above, this petition is converted into appeal and allowed and the impugned judgment is set aside. Respondent's appeal before the Service Tribunal shall be deemed to be pending before the Service Tribunal to be decided afresh within a month of the receipt of this order.
Respondents is directed to appear before the Service Tribunal on 26-12-2012.