Case Details

Citation(s)
1985 SLG 1781 1985 SLD 1781 1985 PLC 337
Service Tribunal, Punjab
Case No. 613/502 of 1983, decided on 7th May, 1984.
ABDUL HAMID CHAUDHRY, MEMBER

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AHMAD KHAN

VS

SUPERINTENDENT OF POLICE, KHUSHAB and 2 others

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R.6--Appellant compulsorily retired from service on charge of corruption--Enquiry Officer found him guilty of irregularity and not corruption--Held : Punishment based on misconception and not in consonance with guilt--Appellant re-instated in service with censure and stoppage of two increments. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondent. JUDGMENT Ahmad Khan, formerly Head Constable No.903 has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Superintendent of Police, Khushab, D. I.-G. 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 impugned orders, dated 12-7-1982, dated 2-12-1982 and the final order, dated 16-11-1983 be set aside and appellant be re-instated in service w.e.f. 12-7-1982 with full back benefits of pay, allowances etc. 3. Brief facts of the case are that the appellant, Ahmad Khan while working as Muharrir at P.S. Cantt. Sargodha, was served with a show-cause notice as per details given at Annexure 'A' by the Superintendent of Police, Sargodha. A reply to the show-cause notice was submitted by the appellant on 18-2-1982. The appellant was also charge-sheeted by Superintendent of Police, Sargodha on 15-5-1982. Rana Muhammad Aslam, the then D.S.P., Bhalwal, was appointed as Enquiry Officer. He submitted his enquiry report to the Superintendent of Police, Khushab, who after hearing the appellant in person, found him guilty of the charge and dismissed him from service w.e.f. 10-7-1982 vide his order, dated 12-7-198-2. The appellant made an appeal to the Deputy Inspector-General of Police, Sargodha Range, Sargodha but his appeal was rejected vide order, dated 2-12-1982. The appellant, then, made a mercy petition to the Additional Inspector-General of Police, Punjab, Lahore, wherein the punishment of dismissal was converted to compulsory retirement from date of his dismissal vide his order, dated 16-11-1983. Hence this appeal. 4. I have heard the parties i.e. Mr. Masud Ahmad…
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