Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- -- R. 6 (3)-Show-cause notice procedure-Police Constable charged of connivance with thief-Dismissed from service by resort -to show­cause notice procedure-Reliance placed on alleged admission made by accused in criminal case registered against thief and his own statement before Investigating Officer-Evidence against accused comprising only of his admission, procedure of show-cause notice, held, caused grave miscarriage of justice and was arbitrary exercise of jurisdiction by, competent authority-Proper course, in circum­stances, held, was appointment of Enquiry Officer and examination of Investigating Officer as witness against accused-Impugned order, in circumstances, set aside directing re-instatement of accused so as to given him status of civil servant and amenable to Rules for facing regular inquiry-Punjab Service Tribunals Act (IX of 1974), S. 4. Sardar Roshan Ali Sandhu for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).--Bhai Khan ex-Constable No. 180, District Police, Faisalabad has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Government of the Punjab through Inspector-General of Police, Punjab, Lahore, Deputy Inspector-General of Police, Sargodha Range. Sargodha and Superintendent of Police, Faisalabad as respondents. By virtue of this appeal he has prayed that the order of his dismissal from service passed by the Superintendent of Police, Faisalabad, dated '18-10-1981, the order of the Deputy Inspector-General of Police, Sargodha Range, Sargodha, dated 18-10-1981 and that the Inspector-General of Police, Punjab, Lahore, dated 1-2-1983 be set aside and he be re-instated into service with all back benefits. 2. Brief facts of the case are that the appellant was served with show­cause notice under rule 6 (3) of the Punjab Police (Efficiency & Discip­line) Rules, 1975 for major penalty including dismissal from service due to his misconduct on the allegations that he had relation with Mushtaq Masih a notorious thief and Motor-cycle lifter. It 'was also alleged against the appellant…

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