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LAHORE AND OTHM Case No. 19 of 1971, decided on 15th June 1971.
"B'" list maintained far purpose of promotion of Assistant Sub‑Inspectors of police as Rule Inspectors‑Not a seniority list‑Cannot be made subject‑matter of appeal-‑before Tribunal.
(Appellate Tribunals) Ordinance (IV of 1970), S: 8‑‑Jurisdiction of Tribunal‑Reversion from higher to lower rank‑‑Cannot be challenged before Tribunal.
In this appeal Syed Bashir Hussain, A. S. I., appellant prays that this Tribunal may set aside the order passed by Deputy Inspector‑General of Police, Bahawal pur Range for removal of the appellant's name from promotion List E' and his reversion from the rank of Sub‑Inspector to the rank of A. S. I., dated 30th June 1967, as being opposed to law and Article 3.12 of the Bahawalpur State Manual. He further prays that the Department may be directed to fix his seniority at the proper place; as if the order of reversion had not been passed.
The appellant was enlisted as A. S. I. in the former Bahawalpur State on 1‑2‑1949. He was suspended w. e. f. 2‑7‑1951. He was re‑instated on 16‑7‑1959 was confirmed as A. S. I. w. e. f. 21st march 1955 and his name was brought on promotion List 'E' by order of D. I. G., date. 24th January 1957, and he was made to officiate as Sub‑Inspector w. e. f. 1‑7‑58. He was again reverted to his substantive rank of A. S. I. on 1‑9‑59 due to his selection for the upper course training. He seas repromoted as offg. S. I. w. e. f. 14‑5‑60. His name was ordered to be removed from promotion List 'E' w. e. f. 27‑6‑67 as he had two successive 'C' reports and was again reverted to his substantive rank of A. S. 1.
The appellant urges before us that he is aggrieved by the order of removal of his name from List 'E' which he claims to be a seniority List "E" is, however, a promotion list and not a seniority list. It is maintained for purposes of promotion in the order in which names are entered in, the list and is, by no stretch of imagination, a seniority list.
He also challenges the order of his reversion from the rank of Sub‑Inspector to that of A. S. I. but that is not a matters within our jurisdiction under the Punjab Civil ‑ Services (Appellant Tribunals) Ordinance, 1970. His suit for declaration that he was a permanent S. 1. was dismissed. We have no jurisdiction to examine the merits of the appellant's reversion. This appeal is, therefore, dismissed in limine.
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