Case Details

Citation(s)
1983 SLG 1730 1983 SLD 1730 1983 PLC 757
Service Tribunal, Punjab
Case No. 350/1252 of 1981, decided on 3rd June, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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GHULAM MUSTAFA

VS

SUPERINTENDENT OF POLICE, GUJRANWALA AND 2 OTHERS

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975- --R.6 (3)-General proceedings-Show-cause notice procedure­-Police constable charged for negligence causing escape of under-trial prisoner from his custody-Documentary evidence supporting charge--Preliminary inquiry held to arrive at just decision and to provide opportunity of explanation and defence-Accused taking up contra­dictory defence by stating on one hand that staff deputed for escort was insufficient and on other hand denying that escapee was in his custody-Key of handcuffs of escapee established to be in his custody-Dismissal of accused by adopting general proceedings, in circumstances, held, not exceptionable. Riaz Muhammad Sadiq for Appellant. Haroolur Rashid Cheema. District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Ghulam Mustafa ex-Constable has filed this appeal before the Punjab Service Tribunal in which he has impleaded, Superintendent of Police, Gujranwala, Deputy Inspector-General of Police, Gujranwala Range and Addl. Inspector-General of Police, Punjab, Lahore as respondents. 3. By virtue of this appeal he had prayed that the impugned orders issued by Superintendent of Police, Gujranwala and subsequential appellate orders of Deputy Inspector-General of Police, Gujranwala Range, and Addl. Inspector-General of Police, Lahore be set aside. 4. Facts of the case are that an accused Bashir alias Bashira, son of Allah Bux, resident of Mohallah Islamabad; Gujranwala was involved in case F. I. R. No 471, dated 29-9-1979 and F. I. R. No. 514, dated 28-10-1974. On 12-1-1980 he was brought from District Jail, Gujranwala to "Bakshikhana" for producing him in the Court of Sheikh Saleem Iqbal, Magistrate Section 30, Gujranwala. After adjournment in the said case, he alongwith other under-trial prisoners was sent back to District Jail, Gujranwala from "Bakshikhana". On the way the under-trial Bashir alias Bashira managed to escape from the custody of his escort alongwith handcuffs. An enquiry into the escape of said under-trial prisoner was carried out by Deputy Superintendent of Police, Headquarter Gujranwala. The D. S. P. in his enquiry report held the main responsibility, for…
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