Case Details

Citation(s)
1986 SLG 2012 1986 SLD 2012 1986 PLC 289
Service Tribunal, Punjab
Case No. 965/1189 of 1984, decided on 12th June, 1385.
S. ABDUL, JABBAR KHAN, CHAIRMAN, AND ABDUL HAMID CHAUDHRY, MEMBER

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MUHAMMAD HUSSAIN

VS

SUPERINTENDENT OF POLICE, GUJRAT and another

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R. 14--Appeal--Reversion from officiating rank to substantive rank made as punishment for acts of omission and commission--Subject to appeal--Appellate authority bound to decide appeal on merits--View that reversion of police official from officiating rank ordered pursuant to show-cause notice does not amount to punishment--Repelled. A M. Ibrahim v. Government of Pakistan P L D 1972 S C 332 and Dr. Safdar Mahmud's case P L D 1983 S C 100 rel. Riaz Anwar for Appellant. Masood Ahmad Ghuman, Deputy District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Mohammad Hussain, A.S.I., C.I.A. Staff, Gujrat, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Superintendent of Police, Gujrat and the Deputy Inspector-General of Police, Gujranwala, as respondents. 2. By virtue of this appeal he has prayed that appeal be accepted and impugned orders be set aside and appellant be re-instated as officiating Sub-Inspector with all back benefits. 3. Brief facts of the case are that the appellant had joined the Police Department as a Foot Constable on 3-8-1951. He was promoted as Head Constable in 1962 and as A.S.I. in 1972. He was further promoted as officiating Sub-Inspector in 1979. While the appellant was posted as S.H.O. /Sub-Inspector at Police Station, Kathiala Sheikhan District Gujrat, he was served with a show-cause notice, dated 6-3-1984 as under: "While posted as S.H.O. P.S. Kathiala failed to perform your official duty in appropriate manner in that you registered a false case F.I.R. No. 184, dated 12-8-1983 under section 379, P.P.C. P.S. Kathiala Sheikhan in connivance with one Salhoon son of Roshan and you entrusted the investigation of this case to A.S.I. Nazir Ahmad No. 9/SKT. A.S.P./Mandi directed that the investigation should be conducted by you on true lines and not by A.S.I. as he did not agree that the investigation of the A.S.I. and a report to this effect was recorded vide Zimni No. 3, dated 14-9-1983. You investigated this case in perfunctory manner and submitted the challan to Court instead of submitting the case as…
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