Case Details

Citation(s)
1984 SLG 1922 1984 SLD 1922 1984 PLC 1519
Service Tribunal, Punjab
Case No. 583 of 1980, decided on 26th October, 1981.
S. ABDUL, JABBAR KHAN, CHAIRMAN, S. HAFIZUR REHMAN AND MALIK ZAWWAR HUSSAIN, MEMBERS

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MUHAMMAD ARIF

VS

DEPUTY INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE AND ANOTHER

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975--- -- R. 6 (4)-Dispensation with regular enquiry on charge of corrup­tion - Appellant dismissed from service without providing opportunity to cross-examine witnesses-Possibility of biased action and innocence of appellant not excluded - Benefit of doubt going in favour of person, order of dismissal set aside. Khalid Javed for Appellant. Haroon-ur-Rashld Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).- Mr. Muhammad Arif ex-­Traffic Constable has filed this appeal under section 4 of the Punjab Service Tribunals Act against the order of dismissal, dated 1st March, 1980. He has impleaded the D. I.-G. and the S. P. as respondents. By virtue of this appeal he has prayed that the impugned order, dated 1st March, 1980 be set aside and he be re-instated in service. Brief facts of the case are that the appellant was working as traffic constable in the Police Force Lahore. It was alleged against him that he during his routine duty alongwith an A. S.-I. and Head Constable came across a wagon and stopped the same for the purposes of checking its papers, etc. He was told by the driver as well as by the occupant that the passengers of the said wagon were relatives of D. S. P., lchhra there­fore he had no business to stop them. According to the prosecution he did not oblige and rather insisted that he would challan the driver and will impound the vehicle. It has been stated on behalf of the prosecution that when Rs. 30 were given to him by the driver he allowed the wagon to proceed towards its destination. When this matter came to the knowledge of D. S. P., Ichhra he fell rightly annoyed and moved the authorities into the matter to take action against the appellant. A show-cause notice was issued to him by the Superintendent of Police, Traffic, Lahore in which the above-mentioned facts were recounted and he was asked to show cause within 7 days of the show-cause notice as to why he should not be removed from service for misconduct. The appellant pleaded not guilty to the allegation and contended that it was not possible for him to commit such act particularly when A. S.-I. Muhammad Akbar…
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