Case Details

Citation(s)
1986 SLG 2131 1986 SLD 2131 1986 PLC 512
Service Tribunal, Punjab
Case No. 537/70 of 1984, decided on 31st August, 1985.
ABDUL HUMID CHAUDHRY, MEMBER

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AMIR KHAN

VS

SUPERINTENDENT OF POLICE JHELUM DISTRICT JHELUM and another

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R. 6--Punjab Service Tribunals Act (IX of 1974), S. 4--Show-cause, notice procedure--Regular enquiry--Police constable charged for being drunk and forcibly entering in courtyard of quarter of another constable and knocking door of quarter in an attempt to commit Zina-bil-Jabr upon wife of resident--Dismissed from service by following show-cause notice procedure--Reliance placed on preliminary enquiry conducted in slip shod manner without opportunity of cross-examination of witnesses to accused and concluded on conjectures and surmises--Allegations of serious nature, in circumstances, held, required conducting regular enquiry providing sufficient opportunity to accused to cross-examine witnesses and to produce defence evidence--Service Tribunal accepting appeal against impugned dismissal order setting it aside and remanding case, to competent authority for proceeding afresh by way of holding regular enquiry and directing re-instatement of appellant to bestow upon him status of a civil servant. Ch. Sadiq Muhammad Warriach for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Amir Khan, ex-Sub-Inspector, P.S. Sohawar District Jhelum, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Superintendent of Police, Jhelum District, Jhelum, and Deputy Inspector General of Police, Rawalpindi Range, Rawalpindi, as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders be set aside and he be re-instated in service from 23-10-1983. 3. Brief facts of the case are that the Constable Muhammad Nasim No. 643 of P.S. Sohawa presented an application to Superintendent of Police, Jhelum, alleging therein that on the night between 15/16-8-1983, in his absence from his quarter, the appellant while drunk and having pistol in his hand, forcibly entered into the courtyard of his quarter. The appellant knocked the door of the room, where his wife was sleeping to commit Zina-bil-Jabr upon her as reported by his wife. The appellant failed in his attempt because the door was not opened. The application was marked to…
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