1. The relevant facts of the case are that Mr. Ghulam Rasool appellant who was a Sub-Inspector of Police at the relevant the was sent to serve on deputation to what was East Pakistan at that the.
2. The appellant was, however, promoted to officiate in the rank of Inspector of Police vide order of I.
3. G. Police, Punjab dated 18-6-71. The said orders of promotion were communicated to the Inspector- General of Police, East Pakistan, Dacca, and were duly acted upon. While the appellant was posted as Inspector Police in Bogra District in East Pakistan, the impugned orders of his reversion to his substantive rank of Sub-Inspector were passed by A. I. G. Co-ordination signing on behalf of I. G., Police, East Pakistan. The issuance of the orders was followed by the fall of Dacca and the taking over of appellant alongwith a large number of other West Pakistan nationals as prisoners of war.
4. Appellant was placed as POW in Camp (No. 55 at Dhansagar, India. In the list of POWs. He was shown at serial No. 1 in the rank of Inspector Police.
5. After repatriation to Pakistan the appellant applied for to months leave showing himself in rank of Inspector, Police which leave was duly sanctioned. The appellant later applied for 15 days extension in leave to the Inspector General of Police, Punjab which was the competent authority for sanctioning such leave to the Police Officers in the rank of Inspector. The said application was, however, passed on by I. G. Police to D. I. G. Police, Multan Range for disposal, endorsing a copy thereof to the appellant inviting his attention to an earlier memorandum of the I. G. Police dated 19- 4-1974 and stating that:- "He should please note that he is a Sub-Inspector and not Inspector Police. He should address leave application to the D. I. G. Police Multan Range, Multan in future."
6. These orders are also impugned by the appellant before us.
7. Objections have been filed by the I. G. Police and S. P., (Multan. The case has been argued before us on behalf of the respondent by Mr. A. G. Humayun. Learned counsel for the respondent has conceded before us that notwithstanding certain assertions made to the contrary in the objections filed by the I. G. Police and S. P., Multan. It is a fact that the West Pakistan Government had not issued any orders of reversion of the appellant from the rank of officiating Inspector to his substantive rank of Sub-Inspector Police, while he was on deputation to East Pakistan and that the sole reason for considering the appellant demoted to the rank of Sub-Inspector is A. I. G. Co- ordination East Pakistan's impugned order of 19-11-1971.
8. The appellant was admittedly an employee of West Pakistan Govern--ment and was seconded to serve on deputation in East Pakistan and his orders of promotion were issued by the competent authority of his parent Depart--ment, that is D. I. G., Multan Range. Learned counsel for appellant has drawn our attention to rule 13(a) of the West Pakistan Government Servants (E & D) Rules, 1960, which it would be advantageous to reproduce below :- "13-A.-(1) Where the services of a Government servant to whom these rules apply are lent to any other Government or a local or other authority, in this rule referred to .As the borrowing authority, the borrowing authority shall have the powers of the authority for the purpose of placing him under suspension and of initiating proceedings against his under these rules: Provided that the borrowing authority shall forthwith inform the authority which bad lent his services, hereinafter in this rule referred to as the lending authority, of the circumstances leading to the order of his suspension or the commencement of the proceedings, as the case may be: Provided further that the borrowing authority shall obtain prior approval of the Government before taking any action under this rule against a member of Class I Service or a holder of a Class I post."
9. In the light of the findings in the proceedings taken against the Government servant in terms of sub-rule (1) if the borrowing authority is of opinion that any of the penalties specified in rule 4 should be imposed on him, it shall transmit to the lending authority the record of the proceedings and thereupon the lending authority may. If it is the authority, pass such orders thereon as it deems necessary or, if it is not the authority, submit the case to the authority which shall pass such orders on the case as it deems necessary.
10. The authority may make an order under this rule on the record of the inquiry transmitted by the borrowing authority or after holding such further inquiry as it may deem`' necessary and in passing such orders shall comply with the provisions of sub-rule (5) of rule 6-A and rule 10.
11. The above rule clearly indicates that the borrowing authority (which is the Government of the then East Pakistan) had the powers of the competent authority only for the purpose of placing the appellant under suspension and of initiating proceeding against him under E & D Rules Provided it informed the lending authority of the circumstances leading to such proceedings. The above rule also requires that in case the borrowing authority reaches a conclusion that the circumstances of the case require imposition of any penalty under the E & D Rules it shall transmit the record of proceedings to the lending authority for passing such orders thereon by the competent authority as it deems necessary. We find that the proceedings in this case have been manifestly in violation of the above-mentioned rule of the E & D Rules. The borrowing authority in the instant case has of itself passed a penal order reverting the appellant without recourse to the procedure prescribed under the E & D Rules in such cases. The order of A. I. G. Co-ordination dated 19-11-1971 is therefore void ab initio and of no effect. Similarly the later orders dated 19-4-1974 of the I. G., Police, based upon the aforesaid void order are also void and of no effect. In the result the orders of Inspector- General, Police treating the appellant as demoted to the substantive rank of Sub--Inspector are set aside and the appeal is accepted with no orders as to cost.