Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R. 5(1)(b)(i) & (ii)---Competent authority to dispense with inquiry---Scope---Such authority could dispense with inquiry, if either he possessed documentary evidence or for reasons in writing satisfied that there was no need to hold an inquiry. Zaka-ur-Rehman Awan, Additional A-G., Punjab for Petitioner. Nemo for Respondent. Date of hearing: 26th May, 2011. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Through this petition, the petitioner Deputy Inspector-General of Police has challenged the judgment dated 16-6-2010 passed by the learned Punjab Service Tribunal, vide which the respondent's appeal was allowed and the penalty of dismissal from service was set aside and the same was modified in terms as follows:-- "Hence, I accept the present appeal and modify the impugned order to the extent that the punishment of forfeiture of past service for two years is set aside and the intervening period between dismissal to reinstatement will be treated as leave of the kind due. There shall be no order as to casts." 2. Learned Law Officer refers to proviso (b) (i) and (ii) to contend that where competent authority is in possession of sufficient documentary evidence, no regular inquiry was called for. 3. We have considered the submissions made and have gone through the impugned judgment. The charge against the respondent was that he conducted a dishonest investigation as a result of which bail of the accused in case registered vide F.I.R. No.459 of 2008 under sections 420/468 and 471, P.P.C. Police Station, North Cantt. Lahore, was cancelled. Before we consider the contention of the learned Law Officer, a brief reference to the proviso he relied would be in order. Section 5 reads as follows:-- "Initiation of proceedings.---(1) If on the basis of its own knowledge or information placed before it, the competent authority is of the opinion that there are sufficient grounds for initiating proceedings against an employee under this Act, it shall either-- (a) proceed itself against the accused by issuing a show-cause notice under section 7 and, for reasons to be recorded in writing, dispense with the inquiry:…

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