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

Section: 3(b),4(1)(b)(iv)

Punjab Police Efficiency and Discipline Rules, 1975--- ----Rr. 3(b) 4(1)(b)(iv)---Police official---Receiving a bribe/illegal gratification---Serious misconduct---Dismissal from service---Taking/accepting of illegal gratification itself was a heinous offence and a serious misconduct requiring imposition of major penalty---Civil servant who was found guilty of the offence of accepting illegal gratification could not be retained in the civil service and major penalty had to be imposed on him. Respondent was proceeded against departmentally under Punjab Police (ED) Rules, 1975. He was issued a charge sheet; the department conducted an inquiry into the matter and the competent authority i.e. District Police Officer, after issuing final show cause notice awarded him major penalty of dismissal from service. The respondent filed a departmental appeal before RPO, Police who took a lenient view of the matter and partially accepting the appeal converted the major penalty of dismissal from service to that of compulsory retirement. Aggrieved, the respondent filed a service appeal before the Tribunal which found the act of the respondent a minor act which did not deserve an extreme penalty. Accordingly, the Tribunal modified the major penalty of compulsory retirement from service into withholding of one increment for one year. The respondent was directed to be reinstated into service and the intervening period was to be treated as leave of the kind due. A thorough investigation and inquiry was conducted by the department through its internal Accountability Division/Cell. Independent evidence in the form of statement of a Constable was recorded who was approached by the complainant to inform the respondent to return his money which he had obtained from him to arrange a DNA test. Recordings in a CD produced by the complainant also showed that the version of the complainant was correct. The internal accountability mechanism of the department found enough material against the respondent to prove him guilty. The appellate authority (RPO, Police) also heard the respondent, gave him an opportunity to defend himself and produce whatever evidence or material he wished to produce in…

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