MUHAMMAD SADIQ vs SUPERINTENDENT OF POLICE, OKARA and others
The petitioner, a police official, challenged his reduction in rank from Sub-Inspector to Assistant Sub-Inspector, which was imposed as a penalty following disciplinary proceedings under the Punjab Police (Efficiency and Discipline) Rules, 1975. The petitioner contended that the penalty order failed to specify the duration for which the reduction in rank would remain operative, citing Rule 1.2 of Chapter 4(4.12) of the Civil Services Rules (Punjab) Volume I as requiring such specification. The Supreme Court noted that while the Punjab Police (Efficiency and Discipline) Rules, 1975, require the specification of a period for minor penalties, there is an ambiguity regarding the applicability of the Civil Services Rules (Punjab) to the police force, given the exclusionary provisions of Rule 1.4 of Chapter I of the Civil Services Rules (Punjab) Volume I. Consequently, the Court granted leave to appeal to determine the applicability of the Civil Services Rules to police personnel, the perpetual nature of un-timed penalties, and the procedural consequences regarding promotion upon the expiry of a penalty period.
- Whether Rule 1.2 of the Civil Services Rules (Punjab) Volume I is applicable to the Police Force in view of Rule 1.4 of the same rules?
- If the Civil Services Rules are held inapplicable, is a reduction in rank intended to operate perpetually?
- If a penalty period must be prescribed, does a civil servant automatically regain their former post upon the expiry of that period, or must they undergo a selection process?
- Punjab Police (Efficiency and Discipline) Rules, 1975
- Rule 1.2, Chapter 4(4.12), Civil Services Rules (Punjab) Volume I
- Rule 1.1, Chapter 1, Civil Services Rules (Punjab) Volume I
- Rule 1.4, Chapter 1, Civil Services Rules (Punjab) Volume I
ORDER
SYED JAMSHED ALI, J.--- The petitioner was proceeded against under the Punjab Police (Efficiency and Discipline) Rules, 1975 and was directed to be compulsory 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 has 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 1.2 of Chapter 4(4.12) of the C.S.R.
(Punjab) Volume I. Reliance is being placed on Muhammad Riaz and others v. 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 and 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 C.S.R. Applies to the Police Force but Rule 1.4 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 1.2 of the C.S.R. Is applicable to Police Force in view of Rule 1.4 of the C.S.R.?
(ii) In case said rule is held not to be applicable, then whether the reduction in rank of an official is intended to operate perpetually?
(iii) In case period during which the penalty has to remain operative, is required to be prescribed, then whether on expiry of said period, 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."