Succinctly, the appellant, Inam-ul-Haq, ASI No. 276/DG while posted in the office of District Police Officer, Layyah filed the instant service appeal on the facts leading that he was appointed as T/ASI on 27.04.2007 on the recommendations of the Punjab Public Service Commission, Lahore. He was confirmed in the rank of Assistant Sub-Inspector on 27.04.2007 by the then Regional Police Officer, Dera Ghazi Khan, vide, order, dated, 29.03.2012 displaying his name at Sr: No. 7 of the seniority list, which is available at the Annexure-A in this appeal. His name was included in the promotion list-E, by the Respondent No. 2/the Regional Police Officer, Dera Ghazi Khan, with immediate effect, on the recommendations of the Departmental Promotion Committee in its meeting held on 17.02.2016.
That on the said date while in meeting of Departmental Promotion Committee wherein, the appellant's batch-mates and juniors were promoted but he was deferred and subsequently, he was told that he had been deferred due to lack of 02 years' experience i.e. posting on deputation in other units (the Special Branch, the Counter Terrorism Department (CTD), the Punjab Constabulary (PC), the Traffic, the Punjab Highway Patrol (PHP) as well as for non-completion of two years field experience. There was no separate order of deferment passed but only recorded in the relevant column "deferred due to lack of two years period of deputation as well as two years field experience".
2. The order dated 18.02.2016 is impugned in the instant appeal whereby the juniors and batch- mates to the appellant were promoted with the prayer to declare the same against facts, discriminatory, violative of fundamental rights and illegal.
3. Record reflects that the appellant was initially appointed as an Assistant Sub-Inspector, he had also submitted different applications and representations to the respondents contending therein that he was wrongly deferred because, the Additional Inspector General Investigation had directed not to post the appellant anywhere except as a Crime Scene Officer at the Crime Scene Unit. The Inspector General of Police, Punjab did not exceed his lawful request and rejected the same vide order, dated, 03.03.2016, communicated to the appellant on 28.03.2016. The copy of the application and the order of the Inspector General of Police, Punjab are available as AnnexuresD & E respectively. The objection of the appellant is that the orders of the Regional Police Officer, Dera Ghazi Khan, whereby, the appellant was deferred for promotion are not maintainable being against facts and directions of the Inspector General of Police, Punjab based on discrimination, against merits and in violation of norms of justice and fair play. The appellant was entitled for promotion as a Sub-Inspector on the ground that he was entitled for the same on the basis of seniority-cum- fitness because, he had fulfill the criteria ment for the promotion except for serving on deputation for two years as well as in field which was mentioned in the Standing Order No. 5 of the 2015.
4. As per appellant he was directed to undergo a training for "latent Finger Print Lifting from the scene of crime at PAFIS/NFW S, Provincial Investigation Branch Punjab by the Addl. Inspector General of Police, Investigation Punjab and he qualified the same successfully.
5. On 25.03.2010 he was posted as an Incharge Crime Scene Unit, District Layyah by the Inspector General of Police, Investigation Branch, Punjab, Lahore in response "to the Order No. 23781/INV/ CA/PAFIS with the direction that the appellant would only work as Incharge Crime Scene Officer at the Crime Scene Unit Layyah with the direction that he must not transferred to any other assignment', so, in compliance of the above cited order, the District Police Officer, Layyah, endorsed the same then the appellant was not transferred to any other Unit or in the field. After that appointment he was directed to undergo the "probationer course" for one year at the Police College Sehala and thereafter had been serving in the field for more than one year. Subsequently, he was selected for "lantant finger print lifting" and on completion of the said course he was permanently posted as a "crime scene officer" vide, order, dated 25.03.2010 issued by the Addl.
Inspector General of Police, Investigation Branch, Punjab, Lahore.
6. The posting on deputation in other units like Special Branch, CTD, PC, PHP and Traffic, etc, was not in the competency of the appellant, rather responsibility of the Competent Authority to post and transfer the appellant in the field or on deputation in other units and the appellant could not be held responsible for that omission if any. Placed in reliance on 2011 SCMR 389.
7. The standing Order No. 5 of 2015 was issued in June 2015 and condition of two years posting on deputation must have been implemented after expiry of two years, hence, the appellant's deferment before lapse of two years of enforcement policy was against law.
8. The learned District Attorney present in the Court, contrarily i5 of the view that the appellant has no right of promotion because, the same was governed by the rule of seniority-cum-fitness and he was also not entitled for claiming seniority in view of the provision of the Punjab Civil Servants (Appointment & Condition of Service) Rules, 1974. He submits, it's the discretion of the competent authority to allow such request or refuse the same and the appellant has no vested right in this regard to claim promotion before this Tribunal through the service appeal. The appellant have no required experience as given in the standing order i.e. field posting as well as ex-cadre posting experience. He could not equate himself viz-a-viz other juniors because, he did not fulfill the required experience for promotion, so he requests for dismissal of the appeal.
9. I have considered the arguments of the learned counsel for the appellant and the learned District Attorney and have gone through the record.
10. The grievance sought in this appeal is confined to the extent of grant of promotion from the date wherefrom the appellant's juniors were awarded promotion from the rank of Assistant Sub- Inspector to the rank of Sub-Inspector. For clarity purpose it would be appropriate to observe that appellant was appointed as an Assistant Sub-Inspector, on the recommendation of the Punjab Public Service Commission, Lahore on 27.4.2007.
11.The record reflects that he is M.Sc in Criminology and enjoying good reputation having excellent service record. It would be appropriate to mention here that in recognition of his official performance he was awarded more than 30 commendation certificates, including Class-I, and Class-II certificates by the District Police, Officer, Layyah, Regional Police Officer, Dera Ghazi Khan and the Inspector General of Police, Punjab, Lahore. Moreover, he was graded as A and A+ in the relevant columns of the Annual Confidential Reports. He was also awarded a certificate in recognition of Adopting Innovative Techniques in Investigation by the District Police Officer, Layyah.
The Inspector General of Police, Punjab, Lahore, also awarded him CC-I certificate on the successful investigation to trace out the accused in a case of "Kidnapping Ransom Murder case".
He was also awarded a "Silver Medal" in Murder Crime Category by the 1st International Crime Scene & Forensic Technique Committee. Photographs of these certificates are also available on this file. The service record of 68 senior most Assistant Sub-Inspectors of list-E (as per seniority list) was put up before the Board. The following criteria in the light of I.G.P's Standing Order No. 5 of 2015 vide notification No. 05/EXEC-III/AD-E-2, dated 10.06.2015 was followed:-- *Only confirmed ASIs whose name exist on promotion list `E' were eligible for promotion to the rank of Sub-Inspector according to their seniority. * Two years mandatory service in Police Station or Investigation Wing or Police Station of CDTD for promotion to SI and Inspector rank (concerned RPOs/DPOs to ensure rotation of officials.
Undertaking to be taken from unwilling officials) * Two years mandatory service in units like SP/CTD/PC/Traffic/PHP/Training etc for promotion from ASI to SI and from SI to Inspector. * Should have qualified mandatory courses where applicable. * Punishment of withholding of promotion for specified period shall be bar."
12.The Departmental Promotion Committee made the decisions and decided the cases of 68 ASIs. The appellant's name was at Sr. No. 35 and was deferred due to non-fulfillment of the condition of field and unit experience but it was not observed that there was an Order No. 23781/INV/VA/PAFIS with the direction that the appellant would only work as an Incharge Crime Scene and the Crime Scene Unit and must not be transferred to anywhere or entrusted any other assignment issued by the Additional Inspector General of Police, Investigation, Punjab. In the light of the above direction he was not posted anywhere and the circumstances were beyond the control of the appellant. He was bound to serve in the light of the orders of his superiors.
The standing Order No. 5 of 2015 issued by the Government of the Punjab, Police Department through I.G.P. in which certain criteria was fixed which contain that promotion in junior ranks according to Rule 13.1 of Police Rules, 1934, and promotion from one rank to another rank and one grade to another in the same rank shall be made keeping in view seniority, efficiency and honesty.
As per Rule 1.2 the objective of the standing order was to stream line the promotion process, fixing time line for promotion on similar criteria. As per Rule 7.1, the eligibility for promotion from ASI to SI, only confirmed ASIs whose name exist in promotion list-E are eligible for promotion to the rank of SI according to their seniority.
13. Admittedly, the appellant's name was available in list-E as a confirmed ASI according to his seniority meaning thereby that he was basically fit to be considered for the promotion. The appellant earned a good name as an Assistant Sub-Inspector through hardworking as cited above. There is not issue regarding his honesty or integrity as he earned A/A+ ACRs from his Reporting Officers. The record does not reflects, that, the appellant had ever made any request, application or representation that he should be given any specific post or position in his service career and also refused not to go for field service which was a criteria for the promotion policy, rather he was forced to work as an Incharge Crime Scene Officer with the direction that he must not be transferred. After that appointment he was directed to undergo probationer course for one year and also working in the field for more than one year but when he was selected for latent finger print lifting and on completion of said course, he was permanently posted as a Crime Scene Officer by the Addl. I.G/.P Investigation and the posting on deputation in other units like Special Branch, CTD, PC, PHP, Traffic etc was not in his competency. It was the sole responsibility of the higher authorities to keep in their minds to give the assignments to the appellant keeping in view their future promotion plan. In this view of the matter it was the ignorance of the higher authorities and this lapse could not be attributed to the applicant. If this practice is allowed to be encouraged then it would give rise to discrimination, pick and choose policy discouragement, violation of merit which had never been approved by the Hon'ble Superior Courts. This concept promotes the discrimination which under mines the spirit of work, devotion and responsibility to the deserving and has not been appreciated in any manner by the Honourable Apex Court of Pakistan. Reliance is placed on 2010 PLC (CS) 946 - Director General Intelligence Bureau, Islamabad and others vs. Amir Mujahid Khan and Others. The Honourable Apex Court has observed as under while deciding the above petition as under:--
(e) Civil Servants (Seniority) Rules, 1993 ----R. 3, proviso (c)--Promotion--Principle--If promotion of civil servant is deferred without any fault on his part, such civil servant can be given promotion from ante date when his juniors were promoted.
(f) Administration of Justice-- --Each and every case is to be decided on its own peculiar circumstances and facts.
Moreover it has also been settled by the Honourable Supreme Court of Pakistan that if promotion of an official is deferred without any fault of the official concerned, he would be promoted from the date when his when he was deferred. Reliance is placed on 2010 SCMR 389.
14.Appellent's name was available at Sr. No. 35 but his juniors, namely, ASI Irfan Iftikhar No. 277/DG was promoted as Sub-Inspector with immediate effect. In the same way officers at Sr. No. 37, 40, 41, 42, 43, 44, 45, 48, 49, 50, 52, 53, 54, 55, 56, 59, 60, 62, 64 & 68 were promoted and they were junior to the appellant.
15.In this view of the matter the appellant is hereby held entitled for promotion from Assistant Sub-Inspector to Sub-Inspector from the date wherefrom his juniors were promoted as Sub- Inspector with all back benefits. The matter is referred to the Regional Police Officer, Dera Ghazi Khan to convene the meeting of the Departmental Promotion Committee (D.P.C) immediately to do the needful in the light of the above observation within one month from the date of receiving the judgment and issue the fresh seniority list. Order accordingly.