Law:

Section:

Civil service-- --- Disciplinary proceedings-Departmental enquiry-Dispensing with enquiry-Discretion of competent authority -- Competent authority once deciding to hold enquiry-Cannot recall its decision and dispense with enquiry-Police official charged of misconduct of strike-­Enquiry into alleged misconduct in progress--Accused disowning participation in strike--Competent authority deciding to dispense with enquiry and resorting to show-cause notice-Action of competent authority, in circumstances, held, objectionable and appellant, held, materially prejudiced in his defence-Punjab Service Tribunals Act (IX of 1974), S. 4. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).--In this case the appellant an ex. A. S. I. was charge-sheeted by the order of S. P. City, Lahore dated 7-12-76 on the charges of inefficiency and misconduct. It was alleged that in February, 1972, the appellant was posted as Reader to D. S. P., Sadar Circle, Lahore when on 24-2-72 the 1st Reserve on their arrival in the Police Lines refused to deposit the arms till their demands were not met with. Sub­sequently they formed themselves into procession and moved out of the lines through Qila Gujar Singh Bazar led by the appellant. They visited the Railway Police Lines, Kotwali City. CIA/Station P. Ss. Naulakha, New Anarkali, Old Anarkali, Civil Lines, Yakki Gate, Tibbi City and Qita Gujar Singh and exhorted the station there to strike and join then. At 10-30 p. m. they returned to the Police Lines Qila Gujar Singh and at the instigation of the appellant broke open the armoury and the Tear Gas Godown and took away Rifles, Muskets, Revolvers, Stenguns, Magaiznes etc. and also private licensed arms lying deposited in the Armoury. They were also alleged to have threatened the police guard who tried to intervene. The competent authority decided to dispense with the enquiry and on 8-4-1977 straightaway served the appellant with a show-cause notice. The appellant replied to the same denying the allegations altogether. It was also stated in the reply that the criminal case filed against the appellant has also resulted in acquittal. It was also stated that after the strike in 1972, the appellant was promoted as A.…

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