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

Section: 12(iii)

Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R.12(iii)---Enhancement of penalty, order for---Pre-requisites---Opportunity to accused of showing cause---Scope---Rule 12(iii) of Punjab Police (Efficiency and Discipline) Rules, 1975 provided that in all cases, in which officers proposed to enhance an award/punishment, they shall before passing final orders give the defaulter concerned an opportunity of showing cause, either personally or in writing, as to why his punishment should not be enhanced---In the present case, accused-appellant was called in the orderly room by the Regional Police Officer (RPO) himself and he was given personal hearing on the point of enhancement of penalty and after such hearing been provided to the appellant, the penalty of reduction in rank was enhanced to dismissal from service---No infringement of Sub-rule (iii) of R. 12 of the Punjab Police (Efficiency and Discipline) Rules, 1975 had been made nor the principles of natural justice were violated in the present case---Appeal was dismissed. THIS ORDER PASSED BY: GULZAR AHMED, CHIEF JUSTICE:---.--- The appellant was employed as Sub-Inspector (SI) and posted at Police Station City Yazman. An FIR No. 134/2014 dated 07.06.2014 under sections 365-B/376, P.P.C. was registered at Police Station City Yazman. The SDPO Yazman inspected the site on 07.06.2014 and thereafter directed the appellant to arrest the main accused in the said FIR vide CD No. 1/A dated 07.06.2014. The appellant did not take any interest in arresting the main accused. He was again issued another CD No. 6 dated 21.06.2014 by the SDPO for arresting the main accused in the said FIR but he still did not arrest the main accused and after about one and a half month the main accused managed to obtain pre-arrest bail. The appellant was proceeded against departmentally by issuing of charge-sheet and ultimately dismissed from service. The appellant challenged his dismissal order by filing of service appeal, which (appeal) was allowed and the matter was remanded for holding of a regular inquiry against the appellant. Thereafter, the DSP Legal, Bahawalpur was appointed as Inquiry Officer, who gave many opportunities to…

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