Law:

Section:

West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960----   -----rr. 16 (1), 1 (2) & 6 (iv)(a)-Rules override Bahawalpur Police Rules-Departmental inquiry against police officer under Bahawalpur Police Rules after promulgation of West Pakistan. Government Servants (Efficiency and Discipline) Rules, 1960-IllegalInquiry and subsequent order of dismissal set aside.  JUDGMENT   S. A. MAHMOOD, J.-This writ petition is by Muhammad Abdur Rashid who was an Assistant Sub-Inspector of Police in the District of Rahimyarkhan. On a complaint filed against him, the Deputy Superintendent of Police conducted a preliminary enquiry and submitted a report to the Superintendent of Police that the petitioner had accepted Rs. 1,180 as illegal gratification. On the 2nd of January 1962, the Superintendent of Police ordered a departmental enquiry to be held against the petitioner. The District Inspector of Police was appointed as the enquiry officer. The formal departmental enquiry was held under the Bahawalpur Police Rules, and the District Inspector of Police submitted his report to the Superintendent of Police on the 5th of February 1962, recommending a major punishment. The Superintendent of Police forwarded the findings to the Deputy Inspector General of Police, who, vide his order dated the 21st of March 1962, issued a show-cause notice to the petitioner to show cause why he should not be dismissed from service for having accepted Rs. 1,180 as illegal gratification. The petitioner replied to the show-cause notice on the 5th of April 1962, and was dismissed from service by order of the Deputy Inspector-General of Police, dated the 1st of May 1962. The petitioner filed an appeal which was dismissed by the Additional Inspector-General of Police by his order dated the 31st of August 1962. Hence this writ petition.   The main attack on the legality of the order of dismissal is that the enquiry shouldhave been held under the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, instead of the Bahawalpur Police Rules, and that as the requirements of the West Pakistan Government Servants (Efficiency and Discipline) Rules,…