Muhammad Sadiq, Formerly Sub-Inspector vs The Superintendent Of Police, Okara And Other
This petition for leave to appeal arises out of service proceedings initiated against the petitioner under the Punjab Police (Efficiency & Discipline) Rules, 1975, resulting in his reduction in rank from Sub-Inspector to Assistant Sub-Inspector by the Inspector General (Punjab). The petitioner challenged the departmental decision before the Punjab Service Tribunal, which dismissed his appeal, leading to the present petition before the Supreme Court. The core legal question pressed was whether Rule 4.12 of the Civil Services Rules (Punjab) Volume-I requires specifying the operative period for a minor penalty of reduction in rank, and whether such rules apply to the police force given the exclusion provisions in the rules. The Court granted leave to appeal to consider the applicability of Rule 4.12 of the Civil Services Rules (Punjab) to the police force, the perpetual nature of reduction in rank if the rule does not apply, and the mechanism for restoration of rank upon the expiry of a prescribed penalty period. The key principle centers on statutory interpretation regarding service rules and disciplinary penalties for police personnel.
- Whether Rule 4.12 of the C.S.R. is applicable to the Police Force in view of Rule 1.4 of the C.S.R.?
- In case the said rule is held not to be applicable then whether the reduction in rank of an official is intended to operate perpetually?
- In case the period during which the penalty has to remain operative is required to be prescribed then whether on expiry of the said period the civil servant shall automatically regain the post from which he was reverted or he will be required to undergo the process of selection to earn his promotion?
- Punjab Police (Efficiency & Discipline) Rules, 1975
- Rule 12 of Chapter 4(4.12) of the C.S.R. (Punjab) Volume-I
ORDER
SYED JAMSHED ALI, J.- The petitioner was proceeded against under the Punjab Police (Efficiency & Discipline) Rules, 1975 and was directed to be compulsorily retired vide order dated 28.11.2000 which was maintained by the Appellate Authority. However, the Inspector General (Punjab), on the revision petition of the petitioner altered the penalty to reduction in rank from Sub-Inspector to Assistant Sub-Inspector. The appeal filed before the learned Punjab: Service Tribunal having been dismissed, the petitioner I r approached this Court.
2. The only contention pressed before us that no period during which the penalty shall remain operative was specified although it is so clearly required by Rule 12 of Chapter 4(4.12) of the C.S.R.
(Punjab) Volume-I. Reliance is being placed on Muhammad Riaz and others Vs. Province of the Punjab through Secretary, Education Department, Punjab, Lahore and others (2004 SCM R 1437) wherein this Court has given effect to Rule 4.12.
3. The perusal of the Punjab Police (Efficiency & Discipline) Rules, 1975 shows that in case of minor penalty the competent authority is required to specify the period for which the said penalty shall remain in force. We have noticed that Rule 1.1 of the C.S.R, applies to the Police Force but Rule 4 of Chapter I excludes application of the said rules to the persons for whose appointment and conditions of service special provision is made under any law for the time being in force.
4. After hearing the learned counsel for the petitioner, we are inclined to grant leave, to consider the following questions:-
(i) Whether Rule 4.12 of the C.S.R, is applicable to the Police Force in view of Rule 1.4 of the C.S.R.?
(ii) ln case the said rule is held not to be applicable then whether the reduction in rank, of an official is intended to operate perpetually?
(iii) ln case period during which the penalty has to remain operative is required to be prescribed then whether on expiry of the said period the civil servant shall automatically regain the post from which he was reverted or he will be required to undergo.
The process of selection to earn his promotion."