INSPECTOR-GENERAL OF POLICE, PUNJAB LAHORE and another Versus MUHAMMAD IQBAL

SARDAR MUHAMMAD RAZA KHAN, J .--- Inspector-General of Police, Punjab, Lahore and another have been granted leave to appeal from the judgment dated 15-6-2005 of learned Punjab Service Tribunal, whereby, on acceptance of appeal of Muhammad Iqbal respondent, he was allowed out of turn promotion without prejudice to the seniority to his seniors.

2. Briefly, Muhammad Iqbal was promoted and confirmed as Sub-Inspector with effect from 2-4-1989. While posted as S.-I. (MCPO) Highway Traffic, he along with other police party on 9-7-1990 made a hijacking attempt abortive. He was accompanied by Head Constable Liaqat Ali and constables Allah Rakha and Akhtar. Hussain. An out of turn promotion was recommended for all the police officials involved. Muhammad Iqbal was admitted to list-F for promotion as Police Inspector with effect from 1-8-1992 on the basis of excellent performance. On the other hand, Head .Constable Liaqat Ali and two constables Allah Rakha and Akhtar Hussain were granted out of turn promotion with effect from the date of occurrence in the year 1990.

3. It is an admitted fact that all the police officials involved were granted out of turn promotion with effect from 9-7-1990 i.e. the date of relevant encounter. It is also admitted that the aforesaid promotion was granted to the respondent with effect from 1-8-1992 despite the fact that he was the senior most among the police party and had led the encounter. In the given circumstances, it was nothing but sheer discrimination, rightly redressed by the learned Tribunal.

4. The respondent is a civil servant whose grievances are against the Provincial Government. The Inspector-General of Police does not constitute Provincial Government and hence the instant appeal filed by Police Officers without impleading the Government of Punjab through. Secretary concerned is not maintainable. Similar objection was available to them before the Tribunal but it was never taken before the forum.

5. For all that has been discussed above, the instant appeal having no merit, is hereby dismissed.

S.A.K./I-10/SC Appeal dismissed.