| Citation(s) |
|---|
| 1976 SLG 169 1976 SLD 169 1976 PLD 538 |
Supreme Court of Pakistan
SALAHUDDIN AHMED, MUHAMMAD AFZAL CHEEMA AND DORAB PATEL, JJ
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SALAHUDDIN AHMED, MUHAMMAD AFZAL CHEEMA AND DORAB PATEL, JJ
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THE INSPECTOR-GENERAL OF POLICE AND 2 others
VS
G. M. KHAN
Law:
Section:
(a) West Pakistan Government Savants (Efficiency and Discipline) Rules, 1960--------- R. 6 Punjab Police Rules, 1934, Chap. VI read with Governor of West Pakistan Notifications dated 29-10-1965 and 19-6-1967 issued under West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 1, sub-rule (2)-Compulsory retirement-Chapter VI; Punjab Police Rules, 1934 dealing with punishments for police personnel below rank of Deputy Superintendent and not including punishment of compulsory retirement, case of Deputy Superintendent of Police retired compulsorily not covered by such Rules-Mere fact of formal enquiry having been held under Rules of 1960 not applicable to respondent Deputy Superintendent of Police-Cannot make entire proceedings illegal-Inquiry could be illegal only when it infringed some provision or rule of law-Rules of 1960 containing elaborate safeguards for benefit of person proceeded against-Inquiry erroneously ordered to be made under 1960 Rules---Gave respondent benefit of a procedure not entitled to-Respondent in circumstances could, held, have no grievance for purposes of writ petition-Constitution of Pakistan (1962), Art. 98.-[Civil services]. (b) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960---- -----R. 6, Punjab Police Rules, 1934, Chap. VI, read with Governor of West Pakistan Notifications dated 29-10-1965 and 19-6-1967 issued under 'Efficiency and Discipline Rules 1960, r. 1, sub-rule (2) and Constitution of Pakistan (1962), Art. 177-Compulsory retirement-Proceedings against respondent until stage of third and final show-cause notice taken during period when appointing authority's power to remove, retire, and dismiss Police Officer not subjected to any restrictions except those prescribed in Constitution and by terms in contract of employment, and no provision of Art. 177, (Constitution of 1962) being contravened, action of compulsory retirement taken against respondent, held, not open to challenge.[Civil services]. (c) Punjab Police Rules, 1934- ----Chap. VI-West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 6-Officer making preliminary inquiry by way of…
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