Case Details

Citation(s)
1984 SLG 1849 1984 SLD 1849 1984 PLC 1368
Service Tribunal, Punjab
Case No. 582180 of 1982, decided on 31st August, 1983
ABDUL HAMID CHAUDHRY, MEMBER

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ZAFAR ALI

VS

SUPERINTENDENT of POLICE AND 2 OTHERS

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975---- -- R. 4 (1) (b) (iv) ---- Dismissal --- Charge of corruption -Holding of regular enquiry-Allegation in show-cause notice clearly of corruption and civil servant even at preliminary enquiry not provided opportunity to produce witnesses in his defence ­Holding of regular enquiry in such cases a must, order of dismissal of civil servant, held cannot sustain-Case remanded to competent authority for proceeding afresh against civil servant in accordance with law, in circumstances. 1980 P L C (C. S.) 418 ; 1980 P L C (C. S.) 611 ; 1980 P L C (C. S.) 562 and P L D 1974 S C 393 fol. Masud Ahmad Riaz for Appellant. A. G. Humayun. District Attorney for Respondents. JUDGMENT Zafar Ali, ex-Constable No. 417, District Sargodha has mace this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded the Superintendent of Police, Sargodha, the Deputy Ins­pector-General of Police: Sargodha Range, Sargodha and the Additional Inspector-General of Police, Punjab, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the order of dismissal, dated 28th September, 1980 and orders passed by respondents 2 and 3, dated 9th September, 1981 and 1st November, 1982 be set aside and the appellant be re-instated into service with retrospective effect and all previous benefits. 3. Brief facts of the case are that the appellant, Mr. Zafar Ali, ex-­Constable, was served with a show-cause notice, dated 25th August, 1980 by Superintendent of Police, Sargodha; on the charge of receiving Rs. 100 as illegal gratification for returning an illicit arm to Mr. Mushtaq Ahmad son of Muhammad Khan, Carpenter resident of Vijh. It was also decided to proceed against the appellant by way of general police proceedings without appointing an Enquiry Officer under the Punjab Police (E & D) Rules, 1975. The written explanation submitted by the appellant was considered by the authority. He was also heard in person. He was found guilty of misconduct and dismissed from service by Superintendent of Police, Sargodha vide his order, dated 28th September, 1980. He made an appeal to Deputy…
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