| Citation(s) |
|---|
| 1983 SLG 1853 1983 SLD 1853 1983 PLC 965 |
Service Tribunal, Punjab
Case No. 401/1835 of 1982, decided on 22nd March, 1983.
MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 401/1835 of 1982, decided on 22nd March, 1983.
MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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ILLYAS MASIH
VS
SUPERINTENDENT OF POLICE, FAISALABAD AND 2 OTHERS
Law:
Section:
Civil service- -- Disciplinary action simultaneously with criminal proceedings--Effect of acquittal by criminal Court--Police official charged for abduction and zina-Dismissed from service after due show-cause notice and personal hearing under r. 6(3) of Punjab Police (Efficiency and Discipline) Rules, 1975 during pendency of criminal trial Challenging dismissal order in departmental appeal after acquittal by criminal Court-.Appeal rejected on ground that acquittal was due to benefit of doubt-Case examined by Service Tribunal and coming to conclusion that though abductee woman stated before Court that appellant accused had committed zina upon her but her statement remained uncorroborated by any other evidence so Court was inclined to give accused benefit of doubt-Accused in circum stances, held, could not claim to have been acquitted honourably Interference refused by Service Tribunal--Punjab Service Tribunals Act (IX of 1974), S. 4-Punjab Police (Efficiency and Discipline Rules, 1975, r. 6(3). Masud Ahmed Riaz for Appellant. Harooa-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-Illyas Masih, ex-Constable No, 876 of Faisalabad District has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the .Superintendent of Police, Faisalabad, the Deputy Inspector-General of Police, Sargodha Range, Sargodha and the Inspector-General of Police, Punjab, Lahore as respondents. By virtue of this appeal he has prayed that the impugned orders dated 28-7-1979, 6-7-1981 and 20-7-1982 passed by the respondents Nos. 1, 2 and 3, respectively be set aside and he be re-instated in service with effect from the date of his dismissal. 2. Brief facts of the case are that a criminal case under section 11 of offence of Zina (Enforcement of Hudood Ordinance), 1979 was registered against one Naveed Masood for the abduction of a minor girl Mst. Shamim Akhtar at Police Station, Factory Area, Faisalabad on 7-5-1979. According to the F. I. R. Mst. Shamim Akhtar was abducted seven days before the registration of the case. During the investigation' of the case the appellant was arrested and tried by…
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