Case Details

Citation(s)
1983 SLG 1984 1983 SLD 1984 1983 PLC 1170
Service Tribunal, Punjab
Case No. 393/1887 of 1982, decided on 23rd April, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMDD CHAUDHRY, MEMBERS

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FAZAL KHAN

VS

SUPERINTENDENT OF POLICE, SADAR DIVISION, LAHORE AND 2 OTHERS

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- --R. 6 (3)-Sub-Inspector of Police charged for failure to arrest a named person despite having received verbal directions from superior competent authority-Documents proving charge-Penalty order passed by competent authority attacked on ground that. same was passed by authority who was alleged to have given verbal directions and as such he being vital witness could not sit in --Charge being proved by documents-Plea, in circum­stances, rejected and resort to show-cause notice procedure and penalty order, held, not objectionable-Punjab Service Tribunals Act (IX of 1974), S. 4. Malik Mukhtar Ahmad v. S. P., Attock 1982 P L C (C. S.) 238 distinguished. Riaz Anwar for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-Fazal Khan Sub-Inspector has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Superintendent of Police, Sadar Division, Lahore, the Deputy Inspector-General of Police, Lahore Range, Lahore and the Inspector-General of Police, Punjab, Lahore as respon­dents. By virtue of this appeal he has prayed that orders dated 11-5-1981, 11-7-1981 and 5-6-1982, passed by the respondents No. 1, 2 and 3 res­pectively be set aside. 2. Brief facts of the case are that while the appellant was posted as S. H. O. at Police Station, Raiwind City, he was served with show-cause notice under rule 6 (3) of the Punjab Police (Efficiency & Discipline) Rules, 1975 which are reproduced hereunder for the sake of convenience :- "You Sub-Inspector Fazal Khan L/81 while posted as S. H. O., P. S. Raiwind City, committed misconduct defined in rule 3(b) of the Punjab Police (Efficiency & Discipline) Rules, 1975 by failing to perform your official duty in appropriate manner in that detention order in respect of Mr Shah Muhammad Mohsan, ex-M. P. A. of defunct P. P. P. son of Umer Daraz Khan, resident of 5-A, Race Course Road, Lahore and a landlord of village Samlani Khui, P. S: Chung, was issued by the Martial Law Authorities vide their No. 0101/G/L & C/ML, dated 25-2-1981. All the S.H.Os. and S.D.P.Os. were apprised…
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