Law:

Section:

Punjab Service Tribunals Act (1X of 1974)- ---S. 4 ka;-Appeal before Tribunal-Limitation -Within 30 days from date of communication of final order-Police official aggrieved of order of discharge from service passed by Superintendent of Police and after rejection of representation by Deputy Inspector-General of Police submitted appeal to Inspector-General of Police which lying yet undecided-Appeal filed before Tribunal not within 30 days after expiry of 90 days from date of appeal to Inspector-General of Police­ Appeal, in circumstances, held, not maintainable and appellant official, held, will have to wait to exhaust departmental remedy in deciding his case finally by Inspector-General of Police. Masud Ahmad Riaz for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Muhammad Yousaf, Ex-Cons­table No. 294 of Sargodha District has filed 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 Inspector-General of Police, Punjab,' Lahore as respondents. By virtue of this appeal, the appellant has prayed that the impugned orders, dated 25th August, 1980 as well as the order, dated 31st August, 1981 be set aside and the appellant be re-instated in service with full back benefits of pay and allowances etc. 3. Brief facts of the case are that the appellant was issued a show­-cause notice in that while posted at Police Lines, Sargodha alongwith 4 other private persons attacked his opposite-party near the District Jail, Sargodha and assaulted one Muhammad Riaz with sotas and bricks. A case F. I. R. No. 195, dated 25th May, 1984 under section 307/148/149, P. P. C. was registered at Police Station Cantt against him. The appellant being member of the disciplined force should not have taken part in this open fight. This amounted to misconduct which has made him liable for departmental action. The appellant was afforded an opportunity to defend himself. He put up his written explanation and was heard in person, in the orderly room on 24th August, 1980 by the Superintendent…

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