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

Section: 14,12

Punjab Police (Efficiency and Discipline) Rules, 1975--- ----Rr. 14 & 12 [as it existed prior to being amended by Notification No.6206-EXEC-II dated 16th of March, 2023, issued by the Provincial Police Officer]---Punjab Civil Servants Act (VIII of 1974), S. 21---Police official---Dismissal from service---Departmental appeal, filing of---Limitation---Notwithstanding Rule 14 of the Punjab Police (Efficiency and Discipline) Rules, 1975, where no time period for filing an appeal has been provided, the time frame specified under section 21 of the Punjab Civil Servants Act, 1974, is to be followed, which is sixty days. ORDER SHAHID WAHEED, JUSTICE:---.--- A question which has often been put forward to mislead the courts has again come up through this petition for leave to appeal under Article 212(3) of the Constitution. This question is simple and does not require detailed deliberations; therefore, we will be brief in our opinion. 2. The question which comes to our determination, is whether, when the period for filing a departmental appeal is not provided in the efficiency and discipline rules for the employees of the Punjab Police, can it then be dismissed on the ground of time-lapse? To answer this, it is necessary to mention a few events with their dates. The petitioner was working as a constable in the police department when on 10th of January, 2019, disciplinary proceedings were initiated against him on the charge of inefficiency and misconduct, under the Punjab Police (Efficiency and Discipline) Rules, 1975. Allegation against the petitioner was of grave misconduct and being involved in two criminal cases of delinquent nature. He was held to be guilty, and by an order dated 08th of March, 2019, a major penalty of dismissal from the service was imposed upon him. Aggrieved, he availed himself of a departmental appeal. The appeal was filed on 26th of December, 2019. It was found out of time, and thus, was rejected on 14th of March, 2020. He then filed his service appeal before the Punjab Service Tribunal, and the Tribunal relying on the precedents of this Court,1 dismissed it by its order dated 1st of September, 2020, with the observation that when an appeal…

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