' S. ABDUL JABBAR KHAN (CHAIRMAN) - Ghulam Mustafa, Assistant Director, Anti-Corruption, Lahore Region, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Inspector-General of Police, Punjab Lahore, as respondent.
2. By virtue of this appeal he has prayed that the impugned order, dated 29th June, 1970 as well as the order dated 16th February, 1977 and order, dated 7th February, 1981/3rd March, 1981 be set aside and respondent be directed to restore the appellant's status as confirmed Prosecuting Inspector as well as to fix his seniority accordingly.
3. Brief facts of the case are that the appellant joined the Police Department on 24th March, 1962 in Quetta/Kalat Range of the then West Pakistan Province and was promoted as Prosecuting Inspector on 31st December, 1965 and confirmed in the rank w. e. f. 16th May, 1970, vide D. I.-G. Police, Quetta Endorsement Order at Annexure 'A'. The appellant was allocated to the Punjab after the dissolution of One-Unit under Presidential Order No, 1 of 1970 by the Governor of West Pakistan, vide his order, dated 10th June, 1970. In view of the said order the appellant was allocated to Punjab as Prosecuting Inspector. However, this order did not come to the notice of the C. P.
0. Meanwhile, the appellant submitted an application, dated 27th June, 1970 (Annexure 'H') in which he made a request for change of his lien from Group 'A' (Baluchistan) to Group 'C' (Punjab) on compassionate grounds and agreed to his deconfirmation from the rank of Prosecuting Inspector as well as accepted the seniority at the bottom which was a rule applicable to persons opting for a region of their choice on compassionate grounds. On the basis of said undertaking order dated 10th July, 1970 (Annexure `J') were issued. In the said order it was made clear to the appellant that he would be absorbed in Region No, 3 at his own request and would be assigned seniority below the Prosecuting Inspectors of the emerging Province of Punjab, copy of the same was endorsed to him. Later on the appellant learnt that there was order of the Governor in field, dated 10th June, 1970 allocating him to the Province of Punjab and on the strength of the said order the appellant submitted his representation to the next higher authority under the provisions of section 21 of the Punjab Civil Servants Act, 1974. He was informed, vide Annexure 'M' from the Inspector-General of Police, Punjab, through Deputy Inspector-General of Police, Multan Range, on 8th June, 1977 that his representation could not be forwarded to the Secretary to the Government of the Punjab under the rules. Aggrieved against the said order, the appellant filed an application before the Service Tribunal which was decided on 6th June, 1979. The Tribunal was pleased to hold that the appellant's case needs further consideration as his earlier allocation was under the orders of the Governor which could not reach the department and the appellant's consent to be placed at the bottom so given by him was due to ignorance of the above fact. The Tribunal order was recommendatory in nature as, it did not accept the appeal but disposed off the same with the above observations. The case of the appellant was examined for refixation of his seniority in view of recommendation of the Tribunal by the Inspector-General of Police but the same was rejected on the ground that since he himself had applied for transfer of his lien to Range No, III on 24th January, 1970 and his case for transfer was already under consideration with I. G. P. West Pakistan, his name was incorrectly included in the allocation order issued by the Government on 10th June, 1970. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as the learned District Attorney assisted by the representative of the department and have perused the record of this case carefully with their assistance.
5. It has been argued on behalf of the appellant that once the Governor West Pakistan, vide his order, dated 10th June, 1970 has allocated the appellant to the Punjab after the dissolution of One- Unit, any other order would not be valid in presence of the same. It has been further argued that the consent of the appellant for being placed at the bottom in case he was transferred to Punjab from Baluchistan was an act not binding on him as he was ignorant of the earlier order of the Governor. It has been further urged that the undertaking given by the appellant was also contrary to the basic principle of law as there can be no estoppel contrary to the law as contained in the constitutional provisions of the Presidential Order and existing order, dated 10th June, 1970.
6. On the other band the stand of the respondent in this case is that the appellant much earlier to the allocation made by the Governor applied for his transfer to Region No, III and was informed that he could only be transferred if he was agreeable to come at bottom of officiating P. Is. In Region No, III while the application was still in the melting pot although he had agreed to this offer, he was confirmed in Region No, III. As such his request was turned down and he was informed accordingly.
The appellant submitted an application on 27th June, 1970 that his family circumstances did not permit him to serve in Region No, I without serious detriment to the health of his children. It was further requested by him that he may be deconfirmed and absorbed in Region No, III assigning him seniority amongst the officiating Prosecuting Inspectors of Region No, III as permissible under the rules.
7. We have given our anxious thoughts to the arguments advanced by the parties and find that the appellant was wrongly allocated to Punjab without consulting the Police Department specially when his request for absorption in the Punjab had been categorically rejected by the Inspector- General of Police, West Pakistan, vide Memo. No, 2450/E-II, dated 24th January, 1970 (Annexure 'F').
This event has occurred earlier than the order of the Governor, dated 10th June, 1970. In view of above, the order of allocation by the Governor was unilateral as the I. G. P. West Pakistan was not consulted and if he would have been consulted, this order would not have been passed. In view of above, the impugned order would remain valid as the appellant himself applied for his transfer on compassionate grounds and accepted to be placed at the bottom below the officiating Prosecuting Inspectors of the emerging Province of the Punjab.
8. There is also another aspect of the case of which we cannot remain oblivious and i. e., that this controversy stood concluded on 19th October, 1976 and the petitioner had no business to file another representation Which also stood rejected on 16th February, 1977, In this manner the claim of the appellant would be a belated claim which it would not be fair to reopen the same when lot of water has flown under the bridges. Large number of persons have been promoted and are now in much senior position than the appellant, therefore, their seniority would also be affected if the appeal of the appellant is accepted. A vested right has accrued in their favour over a number of years and unless and until they are made party to contest this appeal, this appeal would not be otherwise maintainable. Even if the appellant had impleaded such large number of persons as respondents, his appeal against them would a hit by law of limitation which would be in their favour.
9. The result is we maintain the impugned order as valid and have no reason to interfere with the same. We proceed to dismiss the appeal accordingly.
' The parties will bear at their own costs.