' AMIR-UL-MULK MENGAL (CHAIRMAN).---This service appeal filed under section 4 of the Balochistan Service Tribunal Act, 1974 is directed against orders dated 2-12-1992, 22-3-1993 and 11-4-1993.
2. Brief facts for filing of the appeal are that appellant who is serving in Police Department since 28- 10-1974 was basically a Foot Constable in F.S.F. Whereafter his services were absorbed in Police Department with effect from 1-12-1977. The appellant was promoted to the rank of Head Constable after passing exams known as Al and B1 examinations.
3. After his promotion in the year 1990 while the appellant was serving at Police Station Gowalmandi, Quetta .a case was registered vide F.I.R. No,173 of 1989 under section 5/10 of Zina Ordinance. In the said case the lady accused was produced before EAC-IX/MFC, Quetta and after obtaining remand of accused lady, and another accused they were being shifted to police vehicle a number of persons opened fire at police party aiming at the accused and lady accused. The appellant also received injuries of gunshot but despite being injured he arrested one of the accused persons who had attacked.
4. Keeping in view his extraordinary performance of the appellant, the then worthy Inspector- General of Police was pleased to grant acceleratory promotion to appellant, thus he was promoted as A.S.I. Vide Letter No,19433/13(62)A, dated 49-1990.
5. The appellant was directed to undergo intermediate course for head constable for the term 1991 at Police Training School, Sariab, Quetta. Appellant, however, could not pass the examination/training. He was again given a chance to re-appear but he failed. As a result of his failing in examination/training Order No,11961-64/12(2)/E, dated 12-11-1992 was passed by respondent No,3 whereupon S.S.P., Quetta (R) reverted the appellant from the rank of A.S.I. To the rank of Head Constable vide Order No,10998-11005(2)EO, dated 2-12-1993.
Feeling aggrieved he filed an appeal, but respondent No,2, worthy Inspector-General of Police, Quetta rejected his appeal on 11-4-1993 vide Order No,3370/14(2)/EO, dated 11-4-1993 as such the appellant has come before this Tribunal.
6. Heard Messrs SA.M. Quadri and M. Rafique Ahmed, Advocates for appellant, learned Advocate- General, Balochistan Mr. Yaqub Khan Yousufzai, for official respondents.
7. It is important to note that respondents Nos.2, 3 and 4 were given opportunity to file comments/objections to the service appeal filed by the appellant. Official respondents admitted that appellant was accorded accelerated promotion vide Inspector-General of Police Order No,14933- 35/13(62)/A, dated 4-9-1990. It was also contended that on his own request the appellant was directed to appear in Intermediate School Course which is a prerequisite to qualify for promotion of A.S.I. He, however, failed in the said course and two opportunities were given to him to pass the subjects in which he failed but the appellant could not pass as such the Inspector- General of Police reverted the appellant to his original rank of Head Constable. It was next contended that no rule exist for accelerated promotion. However, it was conceded that Competent Authority in exercise of his discretion may grant accelerated promotion to those officials who display extraordinary devotion, dedication and courage in the discharge of their duties. It was simultaneously contended that such promotions are of temporary nature without effecting all those who are already senior to him in a substantive rank.
8. The counsel for appellant contended that the Competent Authority was pleased to grant accelerated promotion to appellant not on the basis of his seniority or merit of qualification but on account of the fact that he had displayed tremendous courage during performance of his duties, when after receiving gunshot bullet he apprehended the accused persons, therefore, according to him this promotion was not subject to Rules of promotion as envisaged under the Police Rules.
According to him once the appellant is promoted as A.S.I. Then he was not supposed to pass necessary examination. His reversion, therefore, was not based on valid grounds and reasonings.
9. On the other hand learned Advocate-General emphatically supported the orders passed by official 'respondents. It was contended by learned Advocate-General that promotion to the rank of A.S.I. Is regularized under Rule 13.9 of the Police Rules. According to Rules of promotion a Head Constable shall be eligible for officiating promotion to the rank of A.S.I. After passing a lower school course and intermediate school course. He would then be entitled to be enlisted in List-D and the promotion shall be made according to the seniority. Although the appellant had been promoted due to his commendable performance but still he is equally subjected to the mandatory courses.
10. We have perused the record and considered the arguments in the light of the Rules. In the first instance it may be observed that there is no cavil that appellant was granted accelerated promotion as back as in the year 1990. The basis for such accelerated promotion were not that he passed his intermediate course examination and was qualified to be promoted as such, but it was a reward in recognition of his devotion to duty and his displaying extraordinary courage in apprehending the culprit in circumstances when he was himself injured. It is also not disputed that the appellant continued to perform his duties as A.S.I. And enjoyed the full benefits as A.S.I. The only question for consideration, therefore, would be whether after being given accelerated promotion, the appellant was still supposed to pass intermediate school course or other examinations which are prerequisite for promotion in the normal course.
11. None of the parties assisted us with the help of the Rules about the procedure how and under what circumstances accelerated promotion can be granted. But all the same nobody has denied that the Competent Authority had granted accelerated promotion to the appellant. We have perused the order in which a number of cases have been mentioned and it has been noted that the appellant who was head constable had played a very important role in apprehension of dacoit Ghulam Haider Kakar on 30-9-1986 besides a number of cases in which he had performed commendable duties. In the last para. Of the order it has been mentioned that on his promotion as Assistant Sub-Inspector, he (appellant) is posted to District Quetta against an existing vacancy, as such the appellant was promoted as A.S.I. Against an existing vacancy. In the order there is no mention that he will be subjected to Rules of promotion. It is thus clear that the Competent Authority in relaxation of the Rules of promotion granted accelerated promotion to the appellant.
To say that since he had applied for appearing in exams., therefore, it was mandatory A on his part to have passed the exams. Failing which he would lose his right of accelerated promotion, is an argument which does not find favour because if an official has been promoted on relaxation of Rules by Competent Authority, he cannot be demoted on the mere ground that he has failed in the subjects which were a prerequisite for promotion.
12. Let us examine the proposition in a more pragmatic manner. In the ordinary course as provided under Rule 13.9 of Rules of Promotion certain exams. Are necessary to be passed whereafter name of official is enlisted in List "D" for promotion and he shall be promoted on his turn. But if Competent Authority in relaxation of Rules of promotion for any reasons such as displaying extraordinary courage in performance of duties etc. Considers it fit to relax the aforementioned procedure and order promotion of an official to the rank of A.S.I. And the official is in fact promoted as such and starts performing his duties in the said capacity for a considerable long time without any objection from any coiner; such an official cannot be subjected to undergo the ordinary procedure of passing training. In other words if a concession is granted by relaxing the Rules in case of a particular official and on the basis of C such concession the official is promoted and performed the duties, the concession cannot at a subsequent stage be withdrawn. The principle is that once rights are conferred, the same cannot be taken away by the authorities on the mere ground that such rights could be conferred only after passing exams. Or undergoing a particular course.
13. We are conscious of the fact that the Rules do not provide explicitly a concept 'of accelerated promotion but once if an official is given accelerated promotion as a reward in recognition of excellent performance by relaxing the Rules, he cannot be reverted on the mere ground that he shall have to pass the requisite training. It is so because his accelerated promotion was not as a result of mere concession but recognition of his excellent performance of duties. In fact accelerated promotion is a connotation where an official is exempted from application of certain Rules. If such exemption is given in recognition of extraordinary service record, it is a reward and reward once given cannot be taken away on the mere ground that such an official is subject to Rules like any other official. In order to supplement the principle we have to take resort to the definition of the word "reward". "Reward" has been defined in Black's Law Dictionary; Fifth Edition at page 1188 as under:-- "Reward.---A recompense or premium offered or bestowed by Government or an individual \in return for special or extraordinary services to be performed, or for special attainments or achievements, or for some act resulting to the benefit of the public; as, a reward for useful inventions, for the discovery and apprehension of criminals, for the restoration of lost property. That which is offered or given for some service or attainment; sum of money paid or taken for doing, or forbearing to do, some act."
' Reward once given cannot be taken away because the reward could be in terms of money or accelerated promotion.
14. From the above discussion it has become clear that concept of accelerated promotion is in fact a deviation from the ordinary procedure and is a premium offered to an official or in fact bestowed upon him by the Government in return of his extraordinary services. It is not subject to ordinary course, and therefore, to say that the Rules provide passing of intermediate school course or any other training, therefore, it is incumbent. Upon the appellant to pass necessary exams. Is not a proper, just and legal approach. Because it in fact means to take away the benefit already granted to an official in recognition of his extraordinary service record.
15. The next question comes whether the appellant stands senior to other officials of the similar rank or whether he could further be promoted are' questions where the general principles and rules apply. Thus, if the appellant wanted to be further promoted he could take benefit only after passing necessary exams. But as far as the appellant's position as A.S.I., the same could not be taken away on the simple ground that like others he was subjected to the Rules of passing of the exams.
16. In such view of the matter we are elf the considered opinion that the appellant could not be reverted back as Head Constable on the ground that he has not passed exams. Which were the prerequisite for his promotion. We, therefore, accept this appeal, set aside the impugned orders, dated 2-12-1992, 22-3-1993 and 11-4-1993 and direct that appellant for all intent and purposes is A.S.I. And mere failure in exams. Would not be a ground for his demotion. He shall be entitled to the back benefit as prayed. There shall, however, be no orders as to costs.
(Sd.) Amir-ul-Mulk Mengal, Chairman (Sd.) Member (Sd.) Member