Law:

Section:

Civil service----- Disciplinary action-Accused acquitted in criminal trial by criminal Court on some charge-Trial without sanction for prosecution--Findings of Court after coming to conclusion that trial was defective due to lack of sanction for prosecution, held, to be treated as obiter-Acquittal, in circumstances, being due to legal defect departmental action on same charge, held, not objectionable. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant, ex­ Foot Constable, while posted at the District Police Lines, Lahore, on 18th August, 1969, was deputed to escort Abdul Rashid son, of Siraj Din and Feroze Din son of Mohd. Din--two under trial prisoners in the Court of Mr. M. Iqbal Minhas, Magistrate Section 30, Kasur. The aforesaid undertrial were confined in the Lahore District Jail wherefrom they were entrusted to the custody of the appellant and his colleague Irshad Ahmad in the morning of 18th August, 1969. They took the prisoners to Kasur and on their way back from Court in the bus, when they reached near a place known as Haji De Khui about 4 miles from Lahore General Hospital, one of the prisoners Abdul Rashid complained of acute stomach pain. The appellant got the bus stopped and alighted down from the same along with two prisoners. The other colleague of the appellant went to look for the doctor and the appellant took both the accused to house of Abdul Rashid which happened to be nearby. At about 5 p. m. in the evening and after about an hour of their arrival both the undertrials escaped. The appellant continued futile search for them for three days and eventually on 21-8-1979 F. I. R. No. 164 under section 223/224, P. P. C. was got registered at Police Station, Kahna. A case under section 245, P. P. C. was initiated against the appellant but he was acquitted on 25-3-1976 by Mr. Muhammad Muzaffar Farid, M. I. C., Lahore as the prosecution witnesses were won over and actually resiled in the Court. 2. In this background the appellant was charge-sheeted for misconduct by S. P. Hqr. on 7-9-1977. The appellant replied to the charge-sheet that he was acquitted by the criminal Court on merits as the evidence did not disclose any offence on his…

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