Law:

Section:

(a) Civil service- --Disciplinary action-Authority himself complainant-Superinten­dent of Police on surprise visit to Police Station finding two persons in lock-up and on their complaint coming to conclusion that they were innocent and had falsely been locked up-Police Inspector concerned narrating story and justifying his action-S. P. recording report in Roznamcha and directing further probe by S. D. P. O. who reaching conclusion that Inspector was guilty-Superintendent of Police in his capacity as Authority after service of show-cause notice and opportunity of personal hearing to Inspector awarding major penalty-Objection before Service Tribunal that S. P. himself being complainant should not have acted as Authority-Superinten­dent having recorded report in Roznamcha, in circumstances, held, could not be treated as complainant against the Inspector who . registered case at the Police Station. Mukhtar Ahmad v. S. P. Attack P L D 1964 S C 64 held not applicable. Mukhtar Ahmad v. S. P. Attock P L D 1964 S C 64 held not applicable. (b) Civil service- --Disciplinary action-Police Inspector charged for falsely putting some persons in lock-up and also for corruption-Preliminary enquiry held without associating accused-Findings of preliminary enquiry relied by Authority while passing penalty order-Neither copy of such enquiry supplied to accused nor officer making such enquiry summoned to provide accused chance of cross-examination during personal hearing-Despite demand no regular enquiry held in corruption allegation-Penalty of dismissal from service, in circumstances, held, not sustainable hence set aside-Competent authority however allowed discretion to conduct regular enquiry being, in circumstances of case, demand of natural justice­Intervening period on reinstatement treated as leave due-Punjab Service Tribunals Act (IX of 1974), S. 4. Lal Muhammad etc. v. Government of Sind 1980 S C M R 850 and P L D 1974 S C 393 rel. Masud Ahmad Riaz for Appellant. A.G. Humayun, JUDGMENT Muhammad Afzal, ex-A. S. I. No. 93, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Superintendent of Police, Sahiwal. D. I.-G.…

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