Law:

Section:

(a) Police Rules, 1934- --S. 16.38(1)-Penal offence by Police Officer-Rule applicable only in case of offence in connection with official relations with public-Police official processed departmentally on charge of negligence resulting in escape of under trial prisoners from lock­up under his charge-Contention that action should have been taken under r. 16.38 (1) of Police Rules-Rejected. (b) Civil service- --Disciplinary action -Co-accused in joint inquiry exonerated-Not a justification to claim similar treatment-Performance of individual to be adjudged on its own merit. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant, Sana Ullah, was posted as Assistant Moharrir in Police Station Chakwal, District Jhelum, when he was dismissed from service vide order dated 30th September, 1975 by the S.P. Jhelum, on the charge of negligence, as four under trials escaped from the lock-up of the Police Station on the night of 7th January, 1975. An appeal against that order brought by the appellant was dismissed by the D.I.G Police. Rawalpindi, on 20th March, 1976. The appellant filed revision petition with the I. G. Police and later, a mercy petition to the same authority, both of which were turned down vide orders dated 24th August, 1976 and 25th October 1976, respectively. 2. Briefly the facts of the case are that on the night of 7th January 1975 the appellant was the only Police Officer of sufficient seniority on duty as all those superior to him were absent from duty or on sick leave. Four undertrial prisoners in the lock-up, who had earlier been surrepti­tiously supplied by their visiting relatives with an iron bar, managed to dig a hole under the lock-up gate with this bar and escaped. The appellant, being then the officer-in-charge, instead of supervising the watch over the lock-up, was asleep when the culprits broke away. After an enquiry, the appellant was found guilty and punished with dismissal from service. The learned counsel for the appellant has impugned the dismissal order on the ground that rule 16.38 sub-rule (1) of the…

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