Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975- ----R. 6(3)-Show-cause notice procedure-Police official charged for creating fuss in civilian dress at a polling station - Criminal proceedings initiated-Simultaneously disciplinary action taken by service of show-cause notice resulting in dismissal from service-­Facts indicative that charge levelled doubtful-Preliminary inquiry before service of show-cause notice also incomplete and based on conjectures and surmises not worth reliance-Accused acquitted by criminal Court-Impugned dismissal order having been passed without conducting regular enquiry, in circumstances, held, not sustainable in presence of of acquittal of charge by criminal Court-Service Tribunal, in circumstances, accepted appeal setting aside impugned dismissal order and directing re-instatement of appellant with all back benefits-Punjab Service Tribunals Act (IX of 1974), S. 4. S. H. Latif Husain fafri for Appellant. A. G. Humayun; District Attorney for Respondents. JUDGMENT Muhammad Rafique, ex-Constable No. 510, has made this appeal under section 4 of the Punjab Service Tribunal Act, 1974, wherein he has impleaded the Inspector-General of Police, Punjab, Lahore, the Deputy Inspector-General of Police, Sargodha Range, Sargodha and the Superin­tendent of Police, Sargodha as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders of respondents Nos. 1 to 3 be set aside and the appellant be re-instated from the date of dismissal and directions issued to the respondents accordingly. 3. Brief facts of the case are that the appellant while posted in Police Lines, Sargodha, was detailed for election duty in Jauharabad circle, at Polling Station in village Kotakka. The appellant on 25th September, 1979 after the polling was over, accompanied the polling officer P. S. Naushera and handed over the result of the election of the polling station "Kotakka" to Moharrar Head Constable. It was alleged that soon after the appellant changed into the civilian dress and went to village "Koridhi" P. S. Naushera in order to help Haji War Khan his real uncle who was also contesting the election. The appellant created fuss at the…

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