Establishments & Cadre of Sindh Police vis a vis Seniority & Promotion

Establishments & Cadre of Sindh Police vis a vis Seniority & Promotion Case Laws Civil Law Employment & Incentives Knowledge - Civil Law Litigation & Arbitration Public & Admin Law Solutions - Civil Law Supreme Court Mr. Justice Amir Hani Muslim in his judgment has decided the issue of establishments & cadre of Sindh Police vis a vis seniority & promotion in Civil Petition No. 493 etc of 2015.

1. These Petitions for leave to Appeal are directed against judgment dated 13.3.2005, of the Sindh Service Tribunal, Karachi, whereby 08 Service Appeals filed by the Petitioners/Respondents were disposed of, vide impugned judgment in the following terms:

i. Sindh Reserve Police and all other branches of Police Force such as Rapid Respondent Force (RRF), Sindh Reserve Police (SRP), Prosecution Branch, Telecommunication Branch, Female Police, Special Branch (Crime Branch) are separate cadres other than the District Police/Regular Police, although all of them are one Police Force which is an attached department of the Home Department under the Sindh Government Rules of Business, 1986 and Inspector General of Police is head of attached department.

ii. Since all branches of Police Force are assigned with different and separate functions they are different cadres, therefore, the Provincial Government shall frame recruitment rules and the terms and conditions of their service separately for each cadre, except for those cadres in respect of which separate rules are already there such as Women Police and Prosecution Branch etc.

iii. After framing of rules pertaining to recruitment and other terms and conditions of service as required under section 2 of Police Act 1861, separate seniority list of each cadre and in each scale/rank shall be issued as required under rule 9 of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975 wherein it is provided that in each cadre in a department there shall be a separate seniority list of a group of civil servants doing similar duties and performing similar functions and for whose appointment same qualifications and experience have been laid down.

iv. There is no provision in law for transfer of officers/officials from one cadre to another cadre, therefore, all the transfers made from Sindh Reserve Police to District Police in violation of law and in pursuance of various Standing Orders are hereby nullified and all such officers are directed to be repatriated to their parent branch i.e. Sindh Reserve Police.

v. All the Standing Orders issued from time to time by different Inspector Generals of Police/Provincial Police Officers without approval of Provincial Government are declared to be illegal and void to the extent of prescribing the recruitment rules, terms and conditions of service of the officers/men in Sindh Reserve Police including devising of transfer policy and pertaining to the assignment of seniority in violation of rules.

vi. The Inspector General of Police Sindh is directed not to issue any Standing Order under section 12 of the Police Act, 1861 without approval of Provincial Government and even with the approval of Provincial Government no orders can be issued by Inspector General of Police pertaining to the recruitment and terms and conditions of service of the members of the Police Force in different branches and cadre, as such powers can be exercised by Provincial Government only by virtue of section 2 of Police Act, 1861.

vii. The Inspector General of Police Sindh is directed to ensure that all the training courses prescribed in the Police Rules 1934, are duly imparted and the rules pertaining to the maintaining of various promotion lists are observed and the seniority lists are prepared strictly in accordance with the provisions contained in Police Rules, 1934, after due observation of Police Rules, by the District Superintendents of Police, Deputy Inspector Generals and the Inspector General himself. It is further directed that promotion list ‘E’ shall be published in Police Gazette as required under rule 13.11.

viii. The Inspector General of Police is further directed to ensure that no officiating promotion shall be made as a matter of normal course and such orders shall be made strictly in accordance with the Police Rules and merely for the purpose of deciding fitness and ability of officers concerned.

ix. The Inspector General of Police is further directed to ensure that no officer is confirmed in any rank while serving in officiating capacity, without promotion in the substantive rank.

x. The Inspector General of Police Sindh is further directed to ensure that no antedated confirmations and promotions shall be made and the dates of confirmations and promotions shall not be revised by any officer or Committee of the officers.

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