Case Details

Citation(s)
2022 SLG 1839 2022 SLD 1839 2022 PLJ 39
Federal Service Tribunal, Islamabad
Appeal Nos. 94(R)CS 95(R)CS of 2020, decision dated: 8.12.2021. Date of hearing 3.12.2021.
ASIM AKRAM AND MUHAMMAD, JAVED GHANI, MEMBERS
Mr. Muhammad Ramzan Khan, Advocate for Appellant. Mr. Sajid Abbas Cheema, DSP, Legal, as DR.

EJAZ AHMED and another

VS

DEPUTY INSPECTOR GENERAL OF POLICE, OPERATION ISLAMABAD and another

Law:

Section:

Punjab Police (Efficiency Discipline) Rules, 1975-- ----Rr. 4(a)(b), 6(3)(i)(A), 14--Initiation of departmental proceedings--Issuance of show-cause notice--Orderly room proceedings--Dismissal from service--Departmental appeal--Allowed--Temporarily reinstatement--Cancellation of re-instatement order--No provision of temporarily re-instatement were barred by principle of estopple--Principle of locus poenitentia--Challenge to--There is no provision of temporarily reinstatement whereas order for dismissal has been withdrawn and intervening period from dismissal till withdrawal has been ordered to be treated as leave preferred no appeal against order and same has attained finality--Term of ‘Temporarily Re-instated’ as described in impugned order is not provided in provisions of Punjab Police (ED) Rules, 1975--Appellate authority once it has passed an order under Rule 14 does not have jurisdiction to withdraw same on principle that respondent could not approbte and reprobate in same breath with regard to same matter and would be estoped from taking such position as they cannot be allowed to accept one thing for one purpose and to reject same for another--Impugned order is not permissible under law as respondents were not vested with authority to withdraw or rescind an order if same had taken legal effect and created certain legal rights in favour of an individual-- once re-instatment orders were passed, respondents could neither be revoked nor withdrawn under principle of locus poenitentiae--Appeal dismissed. 1998 PLC (C.S.) 893 ref. Mr. Muhammad Ramzan Khan, Advocate for Appellant. Mr. Sajid Abbas Cheema, DSP, Legal, as DR. Date of hearing 3.12.2021. JUDGMENT Asim Akram, Member--Since both the titled appeals are almost identical in their characteristics i.e. having similar facts and involving common questions of law, we intend to dispose them off jointly through this single judgment. 2. The facts giving rise to these appeals are that both the appellants Ijaz Ahmed, Head Constable and Zaheer Ahmed, Constable were posted at Police Station Shahzad Town, Islamabad when they were issued a Show-Cause Notice on 22.06.2019 as per Rule 4(a)(b) of the Punjab Police (ED)…
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