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Appeal No. 51 of 1978, decided oar 25th June 1979.

----S. 4‑‑ Promotion ‑‑‑ Police official requesting departmental authority for promotion‑Name removed from "F" list on account of previous misconduct‑Relief in circumstances, held, being promotion or fitness for promotion hence could not be prayed for in appeal.

‑ S. 4 read with Sind Civil Servants Appeal Rules, 1975‑Right of appeal to proper authority not availed‑Appeal before Tribunal not maintainable‑Police Officer seek redress against decision and order of Home Secretary‑No appeal filed before Inspector‑General of Police superior in rank to Home Secretary‑Appeal before Tribunal, held, suffered from infirmity.

This is an appeal against the order of the Inspector‑General of Police removing the name of the appellant from 'F' list which is prepared for the purpose of promotion.

The appellant was a Sub‑Inspector of Police. On account of some mis conduct he was suspended and charge‑sheeted by the Deputy Inspector -General of Police, Special Branch, Karachi in 1974 and thereafter he was compulsorily retired from service under order dated 31‑7‑1974 passed by the Deputy Inspector‑General of Police. In appeal the Inspector‑General of Police set aside the order on the ground that the Deputy Inspector‑General of Police was not the competent authority. The case was remanded to the Superintendent of Police, Special Branch for taking necessary action. In pursuance of the directions the Superintendent of Police awarded the punish ment of stoppage of one increment without cumulative effect by order dated 26‑5‑1976 treating the suspension period as leave which was due to the appellant. Against this order no appeal was filed by the appellant and there fore this order became final and conclusive.

However, on 22‑12‑1976 the appellant made an application to Inspector -General of Police to consider his case for promotion, The Inspector‑General of Police issued show‑cause notice to the appellant as to why his name should not tae removed from 'F' list on the basis of previous punishment. The explanation was not considered satisfactory and therefore the name of the appellant was removed from the 'F' list by order dated 16‑3‑1978. Aggrieved by this the appeal to the Home Secretary was filed and it was rejected. So the present appeal was filed.

We have heard the learned counsel of the appellant as well as the A. A. G. and we are of the view that the appeal suffers from the serious infirmities. The first relates to the prayer of the appellant with regard to promotion. Indeed the name of the appellant was removed from the promotion list by way of penalty on account of his previous misconduct but in fact the relies which has been sought is the promotion. This was supported by the fact that the appellant had moved the Inspector‑General of Police for promotion and it was then that the action was taken. Evidently the appellant was not found fit for promotion. According to section 4(b) of the Sind Service Tribunals Act, 1973 no appeal lies to this Tribunal relating to promotion.

The second infirmity is that the departmental appeal was not filed to the proper authority. It cannot be disputed that Inspector‑General of Police is superior in grade to the Home Secretary and the order which was passed by the Inspector‑General of Police was appealable to the Chief Secretary who was superior in rank in accordance with the Schedule of the Sind Civil Servants Appeal Rules, 1975.

In result the appeal is dismissed.

Appeal dismissed.

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