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Police Rules, 1934- --- R. 12.2.1-Removal from service for misconduct - Does not amount to discharge simple-Police constable during probation alleged to have committed misconduct of illicit sexual intercourse-­Discharged from service purportedly under r. 12.21 without charge­sheet and defence opportunity - Impugned discharge order, in circumstances, held, not sustainable hence set aside by Service Tribunal remanding case to competent authority to proceed afresh by service of charge-sheet and defence opportunity-Punjab Service Tribunals Act (IX of 1974), S. 4. P L D 1984 S C 393 and Muhammad Zafarullah v. D. I. G. Multan 1984 P L C (C. S.) 1370 rel. Masood Mirza for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Muhammad Arif, ex-Constable No. 536 of Jhang District has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded Superintendent of Police, Jhang, Deputy Inspector-General of. Police, Faisalabad and the Inspector-General of Police, Punjab, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the order of Superintendent of Police, Jhang dated 18th April, 1982 and of the Deputy Inspector-General of Police, Faisalabad dated 20th September­1983 be set aside and the appellant be reinstated with all the back benefits. 3. Brief facts of the case are that the appellant was working as Constable and was on temporary duty at S. P.'s House. He was found committing sexual intercourse with one Mst. Jantan daughter of Mst. Rajan in one of the quarters of S. P.'s House on 15th April, 1982. He was witnessed by Muhammad Iqbal Constable No. 16, Sher Muhammad Mali, Constable Muhammad Ashraf No. 77 and Constable Muhammad Riaz No. 62. The statements of the said officials were recorded. Muhammad Arif Constable was also provided an opportunity to explain his position who took the plea that he has been made a target of rivalry of his colleagues and was innocent in the matter. His plea was considered by the competent authority but was not found satisfactory. He was discharged from service under P. R. 12.21 vide order dated 18th April, 1982 of Superintendent of Police, Jhang. The…

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