Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Adverse remarks--Appeal against--Facts forming basis of adverse remarks, yet subject to (1) departmental appeal, (2) investigation, and (3) appeal before Tribunal--Appeal accepted by Tribunal and investigation resulting in favour of appellant whereas, departmental appeal yet pending--Tribunal, in circumstances, directing to departmental expunction authority to re-examine case keeping in view appellate order of Tribunal, result of investigation and decision on departmental appeal yet pending before such authority. Riaz Anwar for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHOUDHRY (MEMBER). --Manzoor Hussain Shah, A.S.I., Police Station, Multan Cantt has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Superintendent of Police. Sahiwal and the Deputy Inspector-General of Police, Multan Range, Multan as respondents. 2. By virtue of this appeal the appellant has prayed that the adverse remarks for the year 1980 communicated to the appellant vide order dated 7-2-1981 of respondent No. 2, be expunged. 3. Brief facts of the case are that the following adverse remarks for the year 1980 were conveyed by the Deputy Inspector-General of Police, Multan Range, Multan vide his Memo. No. 624/C.R.C., dated 7-2-1981: "4. Departmental enquiry instituted against him during the year, nature of allegations and result. (1) Two years approved service forfeited on 30-12-1980 for misconduct in that while posted as S.H.O. at P.S. Noor Shah, he falsely implicated Lai Shah and Mst. Shamim in case F. I. R.No.152, dated 2-7-1979, under section 16, Zina Ordinance 1979, in connivance with Anwar Kitchi. (2) Censured on 30-12-1980 for misconduct in that while posted as S.H.O. at P.S. Noor Shah, he did not register a cognizable offence and thus burked the case against property which was later on registered vide F.I.R. No. 217, dated 12-7-1980 under section 379, P.P.C. P.S. Noor Shah when complainant Shahadat appeared before D:I.-G. M/R. on 10-7-1980." (3) Censured on 30-12-1980 for misconduct in that while posted as S.H.O. at P.S. Noor Shah during the…

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