Law: Police Rules, 1934

Section: 16.24 (1) (ix)

Police Rules, 1934 [as adopted by Azad J & K Government] R. 16.24 (1) (ix)-Dismissal of Police official-Procedure man datory-Deviation for reasons of case being complicated or for other sufficient cause-Must be recorded-No such deviation envisaged Accused simply called and heard in person-Nature of charges proved, not intimated-No explanation against proposed punishment obtained or recorded-Evidence on record otherwise not supporting findings in proof of Charge-Dismissal order, in circumstances, held, not invalid legally but unsustainable factually. Date of institution : 16th August, 1977.                                                                                                                     ORDER KH. GHULAM QADIR (MEMBER).------Appellant Muhammad Zaman was a resident of Indian occupied village named Sowren Gundi who migrated to Azad Kashmir in the year 1965 and later on 15th July 1971 joined as constable in the Police Department under respondent No. 1. On 28-2-1977 when he was posted in District Kotli a 'Khulasa Shakait' was served on him to which he submitted his reply on 9-3-1977. Deputy Superintendent Police Kotli respondent No. 2 was inquiring into the Khulasa Shakait but the appellant apprehending that D. S. P. was not fair in conducting inquiry moved an application requesting the D. S. P. to stop inquiry against him but this request was turned down. On this the appellant put up another application to S. P. Kotli respondent No. 3 with the request that some other officer be appointed as inquiry officer instead of D. S. P., Kotli but this too was rejected by S. P., Kotli saying that `justice or decision shall be made by him'. After this another `Khulasa Shakait' was served upon the appellant and was asked to reply forthwith whereupon the appellant wrote his reply in the presence of respondent No. 2 and delivered the same to him, D. S. P.,…