Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 212-Penal Code (XLV of 1860), Ss. 342, 354, 376 & 511 Civil service-Leave to appeal granted to upper subordinates of Police Force to examine, inter alia, whether it was incumbent upon competent Authority to necessarily wait for result of judicial trial, or in any case to adopt more elaborate procedure of inquiry, for coming to a positive conclusion with regard to their innocence or guilt.-[Civil service]. (b) Words and phrases - - Word `malversation'-Means-Corrupt behaviour in position of trust, corrupt administration of public money etc. (c) Words and phrases -.-.- Word "Corrupt"-Means rotten, depraved, wicked and influenced by bribery. (d) Words and phrases "Misconduct"-Definition in Punjab Police (Efficiency and Discipline) Rules, 1975, r. 2(iii). (e) Punjab Police (Efficiency and Discipline) Rules, 1975 Rr. 6 & 2(iii)-Penal Code (XLV of 1860), Ss. 342, 354, 376 & 511-Charges of malversation and misconduct and criminal charges under Ss. 342, 354, 376 & 511, P. P. C. against police officials--Scope of proceedings in criminal trial and charges of malversation and misconduct-Charges of malversation and misconduct, held, had nothing directly to do with criminal charge-Both charges were not co-extensive and inter-connected-Judicial trial could not serve as substitute for departmental inquiry.-[Civil service]. (f ) Punjab Police (Efficiency and Discipline) Rules, 1975 8. 6-Charges of misconduct and malversation-Competent Authority is conferred with discretion to decide whether a departmental inquiry through an inquiry officer is not necessary-Such discretion is not controlled by any pre-requisite or guidelines. (g) Punjab Police (Efficiency and Discipline) Rules, 1975 -- R. 6-Charges of misconduct and malversation-Show cause Where a superior officer, who had even otherwise the authority to control and supervise functioning of his subordinates conducted a raid and results of such raid were accepted by accused officers themselves ; resort to show cause procedure without appointing any inquiry officer, held, could not on any principle be objected to as abuse of discretion of competent Authority or unjustified in law. (h)…

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