Facts
The applicant, a retired Head Constable, sought correction of his service record concerning an entry recording unauthorised absence from 18 January to 8 March 1998 and forfeiture of two years’ increments, and sought consideration for promotion to Assistant Sub-Inspector.
Source reference: p. 2In an earlier proceeding, SWP No. 2508/1998, the High Court directed correction of his service book; a subsequent High Court order noted that the forfeited increments had already been released and directed that necessary steps be taken.
Source reference: pp. 2–3The applicant’s present petition, filed in 2017, sought relief in light of those earlier orders.
Source reference: pp. 2, 4Issues
1. Whether the respondents should consider the applicant’s case in light of the High Court’s judgment dated 30 July 2013 in SWP No. 2508/1998.
Source reference: pp. 3–42. Whether the Tribunal should grant the requested substantive service-record and promotion relief directly, or instead direct the respondents to consider the case subject to any legal impediment.
Source reference: p. 4Law Applied
The Tribunal applied the prior High Court judgment dated 30 July 2013 in SWP No. 2508/1998, which directed necessary corrections to the applicant’s service book, and considered the High Court’s order dated 12 May 2015 recording that the forfeited increments had already been released.
Source reference: pp. 2–3The operative principle was that the respondents must consider the applicant’s case consistently with the earlier judgment, provided no legal impediment prevents such consideration.
Source reference: p. 4Reasoning
The Tribunal noted that the applicant’s requested relief related to matters addressed in the earlier High Court proceedings, including correction of the service book and release of the forfeited increments.
Source reference: pp. 2–3It considered the present claim to be an innocuous request for action in accordance with the 2013 judgment, but did not itself order the requested corrections or promotion. Instead, it left the initial consideration to the respondents and made that direction conditional on there being no legal impediment.
Source reference: p. 4Holding
The Tribunal disposed of the T.A., directing the respondents to consider the applicant’s case in light of the High Court judgment dated 30 July 2013 within eight weeks, if there was no legal impediment to doing so.
The T.A. and any connected miscellaneous applications were accordingly disposed of.
Source reference: p. 4Original Court PDF
Ali Mohammad HajamvsDirector General Of Police
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