Case Details

Citation(s)
1962 SLG = 1962 SLD 2654 = 1962 PLD 82
Sindh High Court
    Writ Petition No. 75 of 1960, decided on 4th October 1961.  
Presented By: Wahiduddin Ahmed and A. S. Faruqui, JJ
  Manzoor Ali for Petitioner.   Assistant Advocate-General for
Respondents.   Date of hearing : 4th October 1961.  

Syed TATHIR HUSSAIN-Petitioner  

VERSUS

  THE ADMINISTRATOR, KARACHI AND ANOTHER---Respondents

Law:

Section:

  Bombay District Police Manual, 1927, Rule 1284 (11) --Officer conducting inquiry relinquishing charge before recording finding-Punishing authority competent to appoint any other officer to conclude inquiry-Such other officer, however, can be considered "officer conducting inquiry" only if information about it has been conveyed to person against whom inquiry is being made.   Where an Officer holding an enquiry relinquishes the charge before recording his findings under Rule 1284 (11) of the Bombay District Police Manual, 1927 or for any other sufficient reason is unable to perform his duties in this respect, it is open to the punishing authority to appoint any other officer to conclude the inquiry held by his predecessor. Such other officer appointed in place of the person who originally conducted the inquiry, however, can be considered to be an officer conducting the inquiry, only if information about it has been conveyed to the person against whom the inquiry is being made. Where another officer has replaced the person originally holding or conducting the inquiry, the replacing officer is not entitled to conduct the inquiry against the person concerned without informing him and in his absence. Although the inquiry contemplated in the rule is a Departmental inquiry yet the principle of natural justice cannot be violated and if the punish ing authority acts on the report of the replacing officer in such circumstances not only the provisions of Rule 1284 (11) of the Bombay District Police Manual, 1927 but also the principles of natural justice will be violated.   Bombay District Police Manual, 1927, Rule 1284 (11)---- Punishing authority bound to afford to person proceeded against, opportunity to submit explanation under Art. 181 (2), Constitution of Pakistan (1956). JUDGMENT   WAHIDUDDIN AHMED, J.-This writ petition is directed against the order of the Inspector-General of Police, Karachi, dated the 22nd of September 1959, dismissing the petitioner from the service of the Police Department and the order of the Administrator of Karachi in appeal upholding the petitioner's dismissal from service.   On the 5th of December…
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