| Citation(s) |
|---|
| 1986 SLG 2129 1986 SLD 2129 1986 PLC 503 |
Service Tribunal, Punjab
Case No. 691/1205 of 1984, decided on 23rd October, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MIAN FAIZ KARIM, MEMBERS
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Case No. 691/1205 of 1984, decided on 23rd October, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MIAN FAIZ KARIM, MEMBERS
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MUHAMMAD SIDDIQUE ALVI
VS
THE GOVERNMENT OF THE PUNJAB and 3 others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975----- ---R. 6(3)--Punjab Service Tribunals Act (IX of 1974), S. 4--Criminal case forming basis of departmental action--Procedure--Police official (appellant) challaned under section 302/34, Penal Code and on that account served show-cause notice and dismissed from service after considering explanation as un-satisfactory--Record was indicative that criminal case found false and filed by competent Court as un-traced on basis of evidence of complainant and other witnesses of F.I.R.-Departmental authorities, in circumstances, held, not within their legal right to brush-aside such evidence without holding regular enquiry and to dismiss appellant on basis of false case--Tribunal accepting appeal and setting aside impugned dismissal order treating intervening period as leave of the kind due. 1986 P L C (C.S.) 414; 1983 P L C (C.S.) 243; 1980 P L C (C.S.) 213; N L R 1980 T D 208 and N L R 1980 T D 250 ref. Muhammad Sardar Khan's case 1985 S C M R 1062 rel. Faqir Muhammad Khokhar for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Muhammad Siddique Alvi, Ex-A.S.I. No. 238, Sargodha has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Government of the Punjab. The Superintendent of Police, Sargodha, the D.I.-G. Police, Sargodha Range, Sargodha, and the I.G. Police, Punjab, Lahore, as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 20-10-1984, of D.I.-G. Police, Sargodha Range, Sargodha confirming the order of dismissal of the appellant, passed by the Superintendent of Police, Sargodha, dated 9-5-1982, be set aside and he be reinstated in service with back benefits. 3. Brief facts of the case are that the appellant while he was posted at P.S. Sargodha, he was involved in case F.I.R. No. 296, dated 31-8-1981, under section 302/34, P.P.C. registered with Saddar Police Station, Sargodha. For the very fact that he was so challaned in murder case, the S.P. Sargodha, found this as grave misconduct on the part of the appellant. He served the appellant with show-cause…
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