Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975 --.-- --.-- Rr. 3, 4, 5 & 6 --.-- Police Rules, 1934, Rr. 16.2 & 16.3 --.-- Removal from Service (Special Powers) Ordinance, (XVII of 2000) --.-- Ss. 3 & 5(4) --.-- Dismissal from service due to pendency of criminal case against police official --.-- Allegation and charge against civil servant about excess of official authority --.-- Validity --.-- Acquittal of servant from Court of competent jurisdiction has awarded him a status of a non guilty person on alleged charges and it has to be presumed that he had committed no offence at all --.-- Appellant had been proceeded against merely on basis of lodging of FIR against him without conducting a regular inquiry and appellant has been acquitted from Court of competent jurisdiction thereby giving rise to presumption of his innocence and disciplinary proceedings were initiated in violation of established law of land --.-- Appeal was accepted. 1998 SCMR 1993, PLJ 2010 Tr.C. (Services) 103, 2012 SCMR 165, 2000 SCMR 1321, 2002 SCMR 1664, 2007 SCMR 192, 2007 SCMR 855,rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YAR WALLANA, MEMBER-IV:---.--- Succinctly stated, the appellant Muhammad Majid, Constable No. 1738 (hereafter to be referred as appellant) was issued show-cause notice Bearing No. 396/PA dated 4.8.2015 under Punjab Police (Efficiency & Discipline) Rules, 1975 with allegations/ charges that during his posting at Muhafiz Squad No. 13, Saddar Circle, Bahawalpur, he alongwith Kamran Gill T/ASI and 3/4 unknown persons apprehended ImtiazHussain, took him to a nearby forest, subjected him to torture and extorted Rs. 15000/-, which was reported at Police Station Saddar, Bahawalpur through FIR No. 174/15 dated 14.07.2015 u/S. 302, PPC. The competent authority i.e. DPO Bahawalpur initiated disciplinary proceedings against him based upon submission of challan of the aforesaid case to a Court of competent jurisdiction and after sending him show-cause notice and finding his reply as unsatisfactory, dismissed him from service. His departmental appeal was also rejected on 25.02.2016 by RPO Bahawalpur, conveyed to him vide Letter No. 6708-9/EA-II dated…

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