Law: Police Rules, 1934

Section: 16(1), (2)

  Police Rules, 1934 [as adopted by Azad J & K Government] Chapter XVI, r. 16(1) & (2)-Police personnel of Azad Jammu & Kashmir-Departmental proceedings-Punjab Police Rules, 1934 by adoption applicable-Punishment cannot be awarded if not provided in such rules-Compulsory retirement-Not listed in table to sub-rule (2) of r. 16-Cannot be awarded-Order of Superintendent of Police ordering compulsory retirement of Head Constable, held, illegal and set aside with re-instatement and all consequential benefits. Date of institution : 25th March, 1978.                                                                                                            ORDER KHAWAJA GHULAM QADIR (MEMBER).------This appeal under section 4 of the Service Tribunal Act, 1975 was filed by Maqbool Ahmad appellant to assail Order No. 580, dated 18-1977 and No. 418, dated 26-12-1977 whereby the appellant was awarded punishment of forcible retirement from the police service by S. P., Poonch respondent No. 3 and subsequently his appeal was rejected by D. I.-G. Police Azad Jammu & Kashmir respondent No. 2 respectively. The facts as stated by the appellant in his. appeal which gave rise to the appeal in hand are narrated briefly as under :- Appellant Maqbool Ahmad, an intermediate qualified Police Head const able with 18 years service to his credit, was serving under S. P. Poonch respondent No. 3 and was posted at Bandi Abbaspur in 1977 when his left eye suffered from Cataract and the incharge Dispensary Abbaspur referred him for treatment to C. M. H., Rawalakote where the eye specialist Rawalakote advised him to have an operation vide copy of the letter dated 23-4-1977 Annexure `A'. The appellant submitted his case to S. P., Poonch (respondent No. 3) for sending him for eye operation and treatment departmentally but no heed was paid to his request. Then the appellant submitted an application dated…