Law: Punjab Civil Servants (E&D) Rules, 1999

Section: R.4(1)(a)(ii)

Punjab Civil Servants (E&D) Rules, 1999-- ----R. 4(1)(a)(ii)--Charge of wandering civis--Explanation letter--Unsatisfactory reply--Conducting of inquiry--Penalty of withholding of promotion--Departmental appeal--Rejected--Quantum of guilt--Disciplinary protocols--Special circumstances--Philosophy of punishment--After receiving information, appellant rushed towards place of occurrence--This act on part of appellant must by taken in a positive way by departmental authorities, rather to penalized him on basis of technicalities of wearing uniform or not and that too after office hours--Although, being member of a discipline force, it was incumbent upon appellant to follow protocols, but disciplinary protocols may also be relaxed in certain special circumstances--Quantum of punishment awarded to appellant does not commensurate with gravity of charges attributed to him--Philosophy of punishment is based on concept of retribution, which may be either through method of deterrence or reformation--Honourable Supreme Court of Pakistan observes in its various s that in service matters, extreme penalty for minor acts would defeat reformatory concept of punishment--Appeal was accepted of. 2006 SCMR 60, ref. THIS JUDGMENT DELIVERED BY: RAO ABDUL JABBAR KHAN, MEMBER-II---.--- Brief facts of the case are that the appellant was proceeded against departmentally under Punjab Civil Servants (E&D) Rules, 1999 on the following charges: (i) On 18.05.2015, two heinous occurrences took place which led to the registration of cases FIR No. 104 dated 18.05.2015 u/S. 392 PPC PS Sadar Hasilpur and FIR No. 105 dated 18.05.2015 u/S. 302/392/324/34, PPC PS Sadar Hasilpur. During second occurrence, the District Police Officer, Bahawalpur rushed to the spot where he was found wandering in civvies. The Regional Police Officer, Bahawalpur called his explanation videhis office No. 804/PS, dated 29.05.2015. He submitted reply thereto, which was sent to DPO Bahawalpur for views/ comments. DPO Bahawalpur submitted comments in which he concluded that reply of accused DSP was totally unsatisfactory and he was fond of leave and was least interested in the performance of his official duties. (ii)…

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