Case Details

Citation(s)
1983 SLG 1762 1983 SLD 1762 1983 PLC 818
Service Tribunal, Balochistan
Service Appeal No. 15 of 1982, decided on 5th March, 1983.
ABDUL QADEER CHAUDHRY, CHAIRMAN, SULTAN MUHAMMAD NASIR AND E. B. MALGHANI, MEMBERS

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MUHAMMAD NAWAZ

VS

PROVINCE OF BALUCHISTAN AND ANOTHER

Law:

Section:

Baluchistan Police Disciplinary Rules, 1975- --Read with Police Rules, 1934, rr. 25.15 (3) & 25.33 (7) and Criminal Procedure Code (V of 1898), S. 510­Misconduct- Police official charged for not preserving in time weapon of offence recovered from offender after his arrest and delay of 8 days in sending same to ballistic expert-Such allegations not violative of rr. 25.15 (3) and 25.33 (7) of Police Rules, 1934 or S. 510 of Criminal Procedure Code, 1898-Not "any commission or omission which violates any provision of law and rules regulating functions and duty of a Police Officer"-Does not amount to misconduct-At best could be said as inefficiency--Penalty of dismissal, held, not warranted for such allegation. Basharatullah for Appellant. P. D. S. P. for Respondents. JUDGMENT ABDUL QADBBR CHAUDHARY (CHAIRMAN).-The appellant has assailed the order of dismissal from service passed by the Senior Superin­tendent of Police, Quetta on 8-2-1982. The facts in brief are that the appellant entered the Police Service in 1958, and he was serving as S.H.O. in Sariab Police Station when an F.I R. No. 86 of 1980 was lodged on 2-8-1980, in respect of the murder of Maulvi Abdul Qadir at the hands of two persons namely Ghulam Hussain and Rahim Khan by means of gun shots. Ghulam Hussain alongwith weapon of offence was arrested at the spot. The co-accused Rahim Khan was arrested on the night of 21/22 August, 1980, and from his custody, a pistol was also recovered. It is the case of the appellant that incomplete challan was submitted to the Prosecution Branch for its examination when on November, 1980, the appellant was summoned by a Brigadier and some questions were put to him. The Superintendent of Police on 17-12-1980, in exercise of authority under rule 8 (1) A of the Police Disciplinary Rules, 1975 read with Baluchistan Efficiency and Disciplinary Rules issued a charge-sheet accompanied with the summary of allegations and appointed one Muhammad Tufail, D. S. P., Quetta as the Inquiry Officer. The summary of allegations reads as under :------ "(1) You had failed to produce the apprehended accused persons willing for confession before a competent Magistrate for recording…
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