Law: Punjab Police (Efficiency and Discipline) Rules, 1975

Section: 4

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Police (Efficiency and Discipline) Rules, 1975--- --------R. 4---Punjab Service Tribunal Act (IX of 1974), S.4---Dismissal from service---Appellant, a constable, was proceeded against departmentally for being absent from duty for considerable period---After show-cause notice and personal hearing, penalty of dismissal from service under Punjab Police (Efficiency and Discipline) Rules, 1975, was imposed---Penalty of dismissal from service was converted into forfeiture of six months approved service and was permanently reinstated into service in departmental appeal---Validity---Punishment awarded to the appellant, through impugned order, and even reduced by the Appellate Authority, did not commensurate with the quantum of his guilt; because appellant was sick, and he tendered a medical certificate in that regard, during the course of personal hearing to the departmental authority, which was not considered and evaluated before imposing the penalty---Holding a regular inquiry to remove factual controversies, was yet another binding factor upon the department---Appellant had not adopted proper procedure for seeking medical leave, and had committed a wrong which made him compelled to undergo some kind of a minor penalty---Appeal was partly accepted, and his punishment of "forfeiture of six months service", was converted by Service Tribunal into minor penalty of "Censure" by setting aside the impugned orders. 2007 SCMR 192; 2006 SCMR 846; PLD 1981 SC 335 and 2006 SCMR 434 ref. THIS JUDGMENT DELIVERED BY: KHALID MAHMOOD RAMAY, MEMBER-V:----------- This order shall dispose off appeal No.4443/2015 filed by Mr. Yasir Ubaid Ullah, Constable No.4666 of District Police, Lahore against impugned order No.765/PA dated 16.08.2013 issued by Senior Superintendent of Police, Investigation, Lahore, against order No.1172/AC-DIG-INV dated 30.09.2013 issued by DIG Investigation Lahore and against order No.12493/AC-I dated 02.09.2015 issued by CCPO Lahore in their capacity as original, appellate and revisional authorities respectively. The appellant was proceeded against departmentally on the allegation of being absent for 08 days 06 hours and 35 minutes on the one instance vide…

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