| Citation(s) |
|---|
| 1984 SLG 1899 1984 SLD 1899 1984 PLC 1458 |
Service Tribunal, Punjab
Case No. 244 of 1982, decided on 14th October, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 244 of 1982, decided on 14th October, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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ASHIQ HUSAIN
VS
THE INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE AND 2 OTHERS
Law:
Section:
(a) Police Rules, 1934Β-- - R. 16.2 (2)-Constable dismissed from service due to conviction and imprisonment for six months-Held : Constable having been convicted to imprisonment of more than one month was liable to be dismissed. (b) Police Rules, 1934--- --R. 16.2 (2)-Interpretation of statutes - Sanctity of R. 16.2 (2), Police Rules, 1934 challenged for non-mention of source of promulgation-Held: Rules derive life from S. 7 of Police Act, 1861 and rules made under statutes are considered valid unless repugnant to statute itself. Syed Latif Hussain Jafery for Appellant. Malik Azam Rasool for the State. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Ex-Constable Ashiq Hussain has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which be has impleaded the Inspector-General of Police, Punjab, Lahore, Deputy Inspector-General of Police, Multan Range, Multan, the Superintendent of Police, Multan, as respondents. 2. By virtue of this appeal he has prayed that the impugned order of the respondent be set aside and the appellant be re-instated in service with effect from the date of his dismissal. 3. Brief facts of the case are that the appellant while posted to District Police Lines, Multan, enticed away the wife of one Muhammad Bux. The latter filed a private complaint against the appellant under sections 494 and 497, P. P. C. The trial Court vide order, dated 31st July, 1976 convicted the appellant and sentenced him to undergo one year's R.I. and to pay a fine of Rs. 500. The Constable went in appeal against the order of the trial Court which was dismissed by the Additional Sessions Judge who while upholding the c5nviction reduced the sentence to 6 months' R. I. The Superintendent of Police, Multan, vide his order, dated 12th July, 1980 dismissed the appellant under Police Rule 16.2 (2). The appellant went in appeal before the D, I.-G., Multan Range who vide his order dated 7th July, 1981 upheld the dismissal order passed by the S. P. Hence this appeal. 4. We have heard the learned counsel for the appellant Syed Latif Iussain J.:frer~, Advocate as well as the learned District Attorney assisted 5. The learned counsel has submitted that theβ¦
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