LAHORE: As many as 43 provincial service officers of Punjab police serving in BS-18 against various positions refused appointment in the Police Service of Pakistan (PSP) cadre fearing they might lose seniority in the provincial cadre under the Punjab Civil Servants Act 1974.

The en bloc refusal came on Friday when these officers submitted their reply to an official letter written by Inspector General of Police (IGP) Inam Ghani.

In the letter, addressed to senior officers, including the additional IGs, regional police officers (RPOs) and DIGs, the IGP had directed them to ask these BS-18 police officers working under command about their willingness to join the PSP cadre.

“The requisite willingness duly signed by concerned officers may be sent to this office in hard as well as soft format positively for onward submission to the Punjab government,”reads the letter of which a copy is also available with Dawn.

Reacting to the letter, the SPs of the provincial service en bloc rejected the plan terming it discriminatory, saying it would be a serious violation of their fundamental rights if they were forced to serve under federal service officers.

The affected SPs wrote to the Punjab chief secretary and the IGP that before promulgation of the Police Order 2002, Punjab police officers, recruited as constables/assistant sub-inspectors (ASIs)/sub-inspectors (SIs) etc, could get promoted to BS-20 and even BS-21. Previously, all DSPs used to be recommended by provincial government for their promotion to the provincial Central Promotion Board (CPB).

They said in the letter that the promotions of ASPs belonging to PSP and provincial service DSPs were treated equally by the Central Selection Board at the federal level on merit. They all were given equal opportunity of promotion, which resulted in provincial police service officers getting promoted up to the BPS-21.

This promotion policy was mentioned in sub rule 5 of rules and procedures applicable to occupational groups/services mentioned at Serial No 1.13 Police Service of Pakistan which is reproduced below:

“Appointments to posts in BPS-18 will be made by promotion of BPS-17 officers of the Police Service of Pakistan and also of BPS-17 officers of the Provincial Police of the rank of DSP of requisite service and experience, who are recommended by the provincial governments.”

After the 18th constitutional amendment, the concurrent list has been omitted. The Subject of “Police” is not contained in the Federal Legislative of the Constitution.

Hence, the law & order and Police are purely provincial subject. In view of the foregoing, only a provincial assembly is competent to legislate upon this subject in terms of Article 142(c) of the constitution. That is the reason that the Police Order was amended in 2013 by the Punjab Assembly.

“As per Punjab Rules of Business 2011, section 23 (1), read with fourth schedule serial No.10, chief minister has been empowered to make appointments, promotions, postings and transfers of SSPs, DIGs and Addl IGs”, the letter said.

After incorporation in the Rules of Business and Article 165(e) of the Police Order 2002, now any encadrement on the basis of Section 5, stands illegal and unconstitutional, the police officers said in the letter.

“It is important to mention here that there is no provision in the Civil Servants Act 1973 (Federal) and Punjab Civil Servants Act 1974, for transfer/encadrement of civil servants from the province to the federation and from the federation to the province,” the letter said.

The rules are always conform to the Act and no rule can be promulgated in isolation and against the statutory Act, they argued.

In view of the above, they requested the competent authorities that the promotion of these officers might kindly be considered on the basis of the Punjab Civil Servants Act 1974 because their seniority had been notified under section 7 (2) and Rule 8 of Punjab Civil Servants Act 1974.

Moreover, practice of encadrement may kindly be stopped for being illegal and unconstitutional, the police officers demanded.

Published in Dawn, August 7th, 2021