Law: Constitution of Pakistan, 1973

Section: 13

(a) Frontier Constabulary Rules, 1958--- ----R. 8---Constitution of Pakistan, Art. 13---Member of Frontier Constabulary---Punishment imposed without opportunity of personal hearing---Two punishments imposed for the one and same offence---Neither any show cause notice was issued to the appellant, nor any inquiry was conducted into any allegation, nor any right of personal hearing was afforded, which was against the principles of natural justice---Two punishments issued in continuation for the one and the same cause were hit by the doctrine of double jeopardy---Transfer Order of the appellant and the subsequent order whereby his seniority was upset and he was made junior most in his platoon were set aside. An inquiry was conducted on the complaint of the appellant against some of his colleagues. Though upon holding the inquiry, the allegations levelled by the appellant in his complaint were found baseless, nevertheless, the appellant could not have been transferred as a punishment or revenge for the reason that he filed a false complaint against some of his colleagues which was found false without issuing show cause notice or providing the right of personal hearing to him. The matter did not rest here as through another office order his seniority was disturbed as a second punishment for the same alleged offence and he was made junior most in his platoon. While imposing the first punishment of transfer, or even at the time of upsetting his seniority, neither any show cause notice was issued to the appellant, nor any inquiry was conducted into any allegation, nor any right of personal hearing was afforded in compliance with the Frontier Constabulary Rules, 1958. Both punishments for the one and the same alleged offence were imposed in a nasty and injudicious manner. Under Article 13 of the Constitution, it is clearly provided that no person shall be prosecuted or punished for the same offence more than once. In the present case, it was apparent that the appellant was vexed twice for the same alleged offence of making false complaint against his colleagues who were found innocent after inquiry. The punishment of transfer as well as declaring him junior by upsetting…

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