PESHAWAR: The Peshawar High Court on Tuesday gave multiple rulings about different categories of out-of-turn promotions in the police department and declared that the reversal of the promotion of police officers on account of gallantry was legal and in line with a Supreme Court judgement.

It, however, ruled that the demotion of police officers, who were promoted earlier, was illegal as they had served as cadets or cadet instructors in the Police Training College, Hangu.

“Promotions or upgradation of posts of police officials on account of acts of gallantry during the waves of terrorism are not protected under the law and are hit by a 2018 judgement of the Supreme Court,” declared a bench comprising Justice Ijaz Anwar and Justice Syed M Attique Shah.

The bench rejected the pleas of officers in that category.

It disposed of around 50 petitions filed by scores of aggrieved police officials in different categories who had mostly been demoted in the light of the apex court’s verdict. Some of the petitioners, who were transferred from other provinces and absorbed in KP police, had challenged their repatriation to their respective provinces.

It however declares demotion of cadet instructors unlawful

The apex court, in its judgement in different petitions in 2018, declared illegal and unconstitutional the out-of-turn promotions of officers and ordered all the provincial governments to implement the said judgement.

The affected categories of officials, who approached the high court, included officials declared cadets and cadet instructors under Standing Order No 11 of 1987, Standing Order No 7 of 2003 and duly protected under the KP Validation of Standing Orders Act, 2005; promotions made on account of gallantry; women police officers allowed promotions; officers transferred from other provinces and absorbed in KP police; cases of absorption of Class-IV employees as constables; and, police officers nominated for training on additional seats.

About the cadet and cadet instructors, the bench ruled that they were not hit by that judgement of the apex court and as such, their demotion or promotion reversion were set aside and they were restored to their original positions.

The bench set aside the reversion orders related to several women police officers and remitted their cases to the police department for reconsideration.

The bench declared that fresh decision should be taken after scrutinising records of each of them and to see whether while allowing them promotions, such female officers had undergone the requisite training, if so, their promotions orders should stand, otherwise, the department would be at liberty to withdraw the same.

About the officers got promoted on account of gallantry, the bench observed that there were handful of cases wherein police officers were allowed promotions on account of showing courage in performance of their duties.

It was observed that it appeared that such officers were allowed promotions without having undergone any pre-requisite training.

The bench ruled that in view of the Supreme Court’s judgement no protection could be granted to such promotions, because these were in violation of Chapter 13 of the Police Rules.

Similarly, the bench ruled the transfers of officers from other provinces and absorption in KP Police in accordance with law and not hit by the apex court’s verdict.

Several lawyers appeared for the petitioners. They included Barrister Syed Mudassir Ameer, Barrister Dr Adnan Khan, Shumail Ahmad Butt, Imtiaz Ali, Sajeed Afridi, Bilal Kakizai, Aminur Rehman Yousafzai, Ahmad Shah Afridi, Shahid Raza, Javed Iqbal Gulbela and others.

Advocate general Aamir Javed and additional advocates general Mubashir Manzoor and Hasnain Tariq appeared for the provincial government.

About the pleas of the cadet and cadet instructors, their lawyers said after the establishment of the Police Training College in Hangu, the serving members of the police force were reluctant to go there as instructors on deputation.

They said in order to encourage deputation to the school the KP inspector general of police had issued Standing Order No 11 in 1987, according to which an officer volunteering himself to be posted there would be rewarded with promotion to the higher rank after three years deputation period.

The counsel contended that to give protection to those incentives another Standing Order No 7 was issued in 2003 and later, both standing orders were provided protection through an Act of the provincial assembly in 2005.

They, however, said through different impugned orders issued in 2022, the department had reversed those promotions on the ground of the said apex court’s judgement.

Published in Dawn, August 30th, 2023