SC issues detailed verdict on police training coursesPakistan
ISLAMABAD: The Supreme Court has ruled that all police personnel who have completed their required period to become eligible for professional training courses be immediately sent for training.
“The competent authority will ensure in future that in case police officials are bypassed for such trainings because of department’s fault, or to extend a favour to any junior, or negligence by the authority concerned, their inter se seniority and accompanying financial entitlements will not be effected on account of their late joining or completion of training,” said a detailed judgement issued by the apex court on Friday.
A three-judge bench headed by Chief Justice Anwar Zaheer Jamali had reserved the verdict in November last year on a set of appeals moved against the March 13, 2005, decision by the Sindh Service Tribunal, Karachi.
The tribunal had held that the Sindh Reserve Police (SRP) and other branches of the force such as Rapid Response Force, prosecution and telecommunication branches, female police and Special Branch (Crime Branch) were separate cadres than the district/regular police.
The tribunal had also set aside a seniority list of Feb 7, 2014, with a directive that the officers who had been transferred from the SRP to regular police be promoted on preparation of their seniority list in the SRP after framing of rules by the provincial government.
The tribunal had ordered the Sindh government to provide reasonable promotion quotas to each branch of police force/cadre in accordance with their strength.
On Friday, the Supreme Court set aside the tribunal’s order by allowing the appeals and asked the Sindh government and the inspector general of police to implement the judgement in letter and spirit without any undue delay over the next three months.
Authored by Justice Amir Hani Muslim, the verdict expressed the confidence that the Sindh police would prepare a seniority list of all personnel belonging to any of the establishment created in terms of Rule 1.4 of the Police Rules 1934.
The court ordered that copies of the judgement be sent to the Sindh chief secretary, home secretary, IG and advocate general for their information and compliance.
The court regretted that any cherry-picking in the selection of police personnel for practical training despite the fact they had completed their required period to be eligible for such trainings amounted to denying them timely promotion for the next scale.
The court noted that during the proceedings the AIG (establishment) had informed it that some personnel of the SRP had sought their transfer to the executive police establishment and a Standing Order No119 of Sept 8, 1992, had been issued by the IG acceding to their request subject to obtaining practical training provided under police rules.
“We are disturbed in the manner the powers are being exercised by DIGs heading different establishments under the nose of the government, which is not only against the police rules but such practice has actually divided the police force,” the judgement regretted.
The court asked the authorities to prepare a common seniority list of personnel serving in all establishments to be maintained by the district police, range DIG and central police office strictly as per police rules.
“Thus the Sindh government and the competent authority under the police rules should prepare common seniority list of the police personnel serving in different establishments within three months of the date of this judgement in terms of police rules and report compliance,” the order said.
Similarly, it said, all other establishments, other than the executive police establishment, i.e. in-charge district police and range DIG should be barred from making direct or indirect recruitment or promotion.
“Being a custodian of the service record of personnel, the district police/range DIG will make selection for police personnel for police training and practical training, and no other establishment shall be authorised to make such selection,” the order said.
The judgement also held that in future police personnel who had completed their statutory period of probation, whether it was three or two years, would stand confirmed whether or not a notification to that effect was issued by the authority.
Published in Dawn, May 7th, 2016