SC to revisit judgment on out-of-turn promotion

The Supreme Court Friday decided to revisit judgment on out-of-turn-promotion and deputation, saying it will constitute a larger bench to examine the matter.

Chief Justice Gulzar Ahmed, while heading a two-judge bench, heard the appeal of DSP Punjab Tanvir Ahmed against the judgment of the Service Tribunal. The court suspended the Tribunal decision to ante-dating promotion to DSP Tanvir Ahmed.

The chief justice said the appellate forums are not kingship, adding the verdict on civil servants' promotion seems to be an order of king. He said the courts have to decide the cases in accordance with the law.

The chief justice said the apex court judgment is about the government servants' rights. The civil servants' rights are determined in accordance with the Civil Servants law, he added.

The bench accepted the Punjab government's appeal against the verdict of Service Tribunal. The tribunal had passed order for ante-dating promotion of DSP Tanvir Ahmed. The Punjab government had challenged the Service Tribunal decision in the apex court.

The Supreme Court judgment dated December 31, 2016, authored by Justice Amir Hani Muslim had directed secretary Establishment Division, home secretary and inspector-general of police, Punjab, to fix seniority of all the police officers, given out-of-turn promotion, along with their batch mates, as if they were never given out-of-turn promotion.

It said: "the orders of withdrawal of out-of-turn promotion, passed by the department/competent authority, shall be recalled against the police officers who had earned out-of-turn promotions, pursuant to the judgments of the superior courts/service tribunals."

It said that for the purpose of compliance of the judgment necessary the departmental promotion committee (DPC), as the case may be, immediately be held without further loss of time and a compliance report be submitted to the registrar of this court for the perusal of judges in chambers.

The competent authorities ordered to ensure compliance to streamline the service structure of the police by redressing the heart burning and dismay of the police officials at the hands of the higher ups, who abuse their discretion in violation of the police rules.

The court had noted that the police rules were abused by the authorities with regards to termination of probation and not sending the police officials to different examinations/courses under Chapter XIII of the police rules on their turn.