Law:

Section:

(a) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R. 8-Penalty based upon preliminary inquiry-Accused not con­fronted with enquiry report-Penalty order, held, not sustainable. P L D 1970 Lah. 811 rel. (b) Civil Service- --- Reversion from officiating higher rank of Police official-No punish­ment. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).--in this case Nisar Ali Khan, the appellant was dismissed from service vide order dated 22-6-1977 by the Superintendent of Police, Multan. His appeal to the D. I.-G. Police, Multan Range, was dismissed on 14-3-1978 while a revision-cum-mercy petition to the I.-G. Police rejected on 16-10-1978. 2. The appellant had been accused of burking a crime. On the report of one Imam Shah, he, alongwith three constables, Ali Mohammad, Zar Mohammad and Mohammad Ramzan, raided the house of one Faqir Hussain in order to recover an illicit distillery. It was alleged that the appellant had purposely withheld the fact of having recovered two pots of "lahan" in exchange for a bribe of Rs. 5,000 received by him from Faqir Hussain. It was for this misdemeanour that action was taken against the appellant. 3. The parties were heard and the record examined. According to the respondent department the action against the appellant was taken in pursuance of a complaint about receiving the said bribe made by two persons called Zulfiqar and Ramzan. A preliminary enquiry had been held by the D. S. P. concerned and, in the meantime, the appellant was reduced in rank to Head Constable. The appellant contended that no enquiry was held, as required by the rules, after the charge-sheet was served on him on 10-6-1977, and that the S. P. in a short order dismissed him on 22-6-1977. Moreover, in the preliminary enquiry, the D. S. P. heard neither the appellant nor the three constables who formed the raiding party, nor had the competent authority taken note of the fact that the S. H. O. had in a written report, stated that Imam Shah had, on 8-6-77, verified…

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