Law:

Section:

(a) Government Servant-----   ----West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 16 (1) and Bahawalpur Police Rules, 1947-Inquiry against Police Officer under Bahawalpur Police Rules, 1947 pending at time of coming into force of West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960-Inquiry can be validly continued under Bahawalpur Police Rules, 1947.   (b) Bahawalpur Police Rules, 1947------   ----r. 620 (ix)-Provisions of sub-rule mandatory-Contravention affects legality of order of dismissal.   (c) Writ------   ----Jurisdiction can be exercised even in case of breach of statutory rule-Constitution of Pakistan 1962, Art. 98.   R. Venkata Rao v. Secretary of State A I R 1937 P C 31 distinguished.     JUDGMENT   S. A. MAHMOOD, J.--Muhammad Abdullah Shah petitioner was an Assistant Sub-Inspector of Police posted at Khanpur in July 1959. One Ghulam Sarwar, who lodged first information report No. 141 at Khanpur Police Station, made a complaint to the Superintendent of Police, Rahimyar Khan, that A. S. I. Muhammad Abdullah Shah had extorted a sum of Rs. 220 as illegal gratification from him. The Deputy Superintendent of Police under the orders of the Superintendent of Police, held a preliminary enquiry. It was also enquired into by Sh. Muhammad Abdullah, Inspector of the Anti-Corruption Department. The Deputy Superintendent of Police made a report in favour of the Assistant Sub-Inspector, but on the recommendations of the Head of the Anti-Corruption Department, the Superintendent of Police, Rahimyarkhan, ordered a regular enquiry to be held against the petitioner on the charge of receiving Rs. 220 as illegal gratification from Ghulam Sarwar. The enquiry was ordered on the 5th of May 1960. The Superintendent of Police deputed the Prosecuting Inspector to hold the enquiry, which was held in accordance with the Bahawalpur Police Rules. On the completion of the enquiry, the Prosecuting Inspector submitted a report in which he found the charge of misconduct proved against the Assistant Sub-Inspector. The findings of the Enquiry Officer were forwarded by the Superintendent of…