Case Details

Citation(s)
1980 SLG 1303 1980 SLD 1303 1980 PLC 21
Service Tribunal, Punjab
Appeal No. 30/914 of 1977, decided on 4th March, 1979.
M. SALEEM CHAUDHRY, CHAIRMAN, KHALID FARUQ AND A. H. ASLAM, MEMBERS

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MUHAMMAD AZAM KHAN

VS

I.G. OF POLICE, PUNJAB AND OTHERS

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975--- --- R. 12--Misconduct-Charge of inefficiency due to escape of under­ trial offender from custody- Appellant's request for adducing evidence in support of his innocence not allowed-Compulsory retirement ordered by Superintendent of Police-D.I.-G. of Police on Revision application enhancing penalty to that of dismissal without. show­cause notice-Appeal rejected without personal hearing by I.-G. of Police-Right of defence opportunity, held, denied and order passed by D. I.-G. of Police and Superintendent of Police set aside-Case remanded for fresh disposal after opportunity of evidence in defence and personal hearing. Sh. Nisar Qutab for Appellant. A. G. Humayun, Government Pleader for Respondents. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).---This appeal emanates from the following facts: That on 29-12-1975 an under trial Pashrd Ahmad alias Ijaz escaped from the Police custody from the premises of the District court, Faisalabad. The aforesaid Ijaz was being tried on the charge of murder. A case F. I. R. No. 907 dated 29-12-1975 was registered at the Police Station, Kotwali, Faisalabad in respect of the above incident. The appellant along wish four Constables who were escorting the aforesaid under trial Rashid Ahmad alias Ijaz, were charge-sheeted on 3-1-1976 by the Superintendent of Police, Faisalabad, on the charges of inefficiency and misconduct. The appellant filed the explanation stating therein that on the relevant date about 77 under trials were brought from the District Jail, Faisalabad to the District Courts, Faisalabad, 7 5 under the supervision of Head Constable Muhammad Hussain No. 309 and five Constables for production in the Court of Assistant Commissioner, Faisalabad. The appellant himself was on duty in the lock-up. It appears that since only one hand of the accused was hand-cuffed and they were allowed to cover their hands with chadars, therefore, the aforesaid Rashid Ahmad alias Ijaz managed to escape. The Superintendent of Police, Faisalabad, after taking into consideration the explanation of the appellant directed the compulsory retirement of the appellant front service vide his order dated…
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