Law:

Section:

Civil Service --.-- --.-- Dismissal from service --.-- Involvement in a criminal case and absence from duty --.-- Non-speaking order --.-- Limitation --.-- Appellate authority did not mention date of communication while rejection department appeal being barred by time --.-- Mode of communication --.-- Order communicated to nephew of appellant --.-- Held: Appellate authority did not act in accordance with settled principles of law and while rejecting departmental appeal of appellant on point of limitation, did not mention date of communication of order --.-- Departmental appellate authority was under legal obligation to justify his action through a speaking order while discussing the mode of communication of order to appellant, specifically because limitation always runs from date of communication and not from the date of passing of order --.-- Order does not evidence application of independent and judicious mind and departmental appeal has been rejected on point of limitation without ascertaining whether the same was time-barred in its literal sense, hence is not favored in the eyes of law --.-- Appeal was accepted. THIS ORDER PASSED BY: KHALID MAHMOOD RAMAY, MEMBER-II:---.--- Brief facts of the case are that the appellant was proceeded against departmentally under Punjab Police (E&D) Rules, 1975 on the charges reproduced as under: "You have been found involved in case FIR No. 215 dated 21.9.2013 u/S. 302/324/148/149, PPC, PS City Jalalpur Jattan, which is objectionable. You have brought bad name for the department. Being a public servant and member of disciplined force, your involvement in criminal case is misconduct on your part. You are also absent from official duty since 21.9.2013. A report to this effect was recorded vide D.D. Entry No. 10 dated 21.9.2013, in Police Lines Gujrat. Hence, this statement of allegations." The appellant was issued charge sheet and statement of allegations vide No. 12077/CS/PS dated 17.11.2013 containing the above allegations and resultantly vide Order No. 5309-11/PS dated 01.02.2014, he was awarded major penalty of "Dismissal from Service" by Respondent No. 2, i.e. DPO Gujrat. Feeling aggrieved, the appellant preferred…

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