- Police Rules, 1934 were framed by the Government under Police Act, 1861 — Any policy decision, instruction or standing order contrary to service rules affecting the terms and conditions of service of a civil servant issued by such authority which has no jurisdictional competence to frame the rules cannot have a force of rules. M. Riaz Khan v. IG of Police and 19 others 2010 SCR 131 (H)
- In the light of the circular dated 25.9.2008, the appellant was promoted as Head Constable Police, Pipe Band in grade, B-7 on the basis of seniority vide order dated 11.12.2009. Held: The above said circular is still in field and has never challenged by the respondent before any forum. The argument of the learned counsel for the respondent that the same cannot be given preference over the Police Rules, 1934, which provides mechanism for promotion, is not convincing in nature. Held: The proper course for the respondent was to challenge the departmental policy dated 25.9.2008 before the competent forum. Even otherwise, the same is not in consonance with the spirit of the Police Act, 1861 and Rules, 1934. Further held: Mere arguing that the circular is against the basic provisions of law has no substance. Bashir Hussain v. Superintendent of Police 2015 SCR 1449 (C)
error: Content is protected !!