| Citation(s) |
|---|
| 1985 SLG 1875 1985 SLD 1875 1985 PLC 475 |
Service Tribunal, Punjab
Case No. 200/184 of 1983, decided on 30th January 1984-
MALIK ZAWWAR HUSSAIN (MEMBER)
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Case No. 200/184 of 1983, decided on 30th January 1984-
MALIK ZAWWAR HUSSAIN (MEMBER)
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SHAUKAT ALI
VS
SUPERINTENDENT OF POLICE, FAISALABAD and 2 others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Disciplinary action--Quantum of punishment--Police constable dismissed from service for negligence and inefficiency in performing duty resulting in escape of under-trial prisoner--Reward indicating that responsibility could not be fixed on appellant alone and his other colleagues were also responsible inasmuch as appellant and two other constables were having guard of 29 prisoners and appellant having last end of interlinked chain of handcuffs tying all prisoners in his belt and prisoner who escaped by removing handcuffs was at a distance from appellant--Tribunal finding that this was first act of negligence and inefficiency on part of appellant--Punishment of dismissal, in circumstances, held, too harsh and do not commensurate with gravity of negligence--Impugned dismissal order set aside directing re-instatement of appellant after conversion of punishment into censure and withholding of one annual increment without future effect. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER).-- Shaukat Ali ex-Constable No. 1738, District Police Faisalabad has filed this appeal under section 4 of the Punjab Service Tribunals Act 1974, in which he has impleaded the Superintendent of Police, Faisalabad, the Deputy Inspector-General of Police, Sargodha Range Sargodha and the Inspector-General of Police, Punjab, Lahore as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders dated 22-9-1980, 15-9-1981 and the final order dated 6-4-1983 be set aside and he be re-instated in service w.e.f. 22-9-1980 with full back benefits. 3. Brief facts of the case are that while the appellant was posted in Police Line, Faisalabad, he was served with a show-cause notice by the Superintendent of Police, Faisalabad vide his Office No. 105/SCN 1980, on the allegation that one Dildar son of Fazal Muhammad under trial prisoner escaped from his custody at Jaranwala where he was taken for his appearance in the Court. The appellant submitted reply to the show-cause notice. The Superintendent of Police Faisalabad afforded him a personal hearin°4…
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