Law:

Section:

Civil service-- ---Departmental action--Criminal prosecution--Departmental enquiry and criminal prosecution started against civil servant simultaneously or one after another, held, would not necessarily lead to same result because of not only different nature of charge brought out in two proceedings but also for reason that standard of evidence required to prove the charge would not be the same--Departmental action against police official for misconduct and negligence in not showing requisite vigilance resulting in escape of a prisoner initiated independently of criminal case already registered--Acquittal in criminal case, held, would not automatically relieve accused of charge he was found guilty in departmental enquiry-­Such acquittal, held, cannot be construed to have washed off findings of enquiry--Departmental action grounded entirely on case filed in criminal Court would of course follow result of Court case on acquittal and accused would automatically be discharged from liability incurred in departmental enquiry. Deputy Inspector-General of Police, Lahore and others v. Anisur­ Rehman Khan P L D 1985 S C 134 rel. (b) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Disciplinary action--Appeal before Tribunal against dismissal from service for misconduct--Quantum of punishment--Police official found guilty of not showing requisite vigilence and care resulting in escape of a prisoner--Dismissed from service--Acquitted in Criminal trial arising from same incident and Enquiry Officer also proposing penalty of censure only--Penalty of dismissal, in circumstances, held, was too heavy and not commensurate with gravity of proved charge--Penalty reduced to stoppage of increments for two years. Mazhar Ali B. Chohan for Appellant. Abdul Ghafoor Mangi, A . A.-G. for Respondent. Date of hearing: 10th August, 1986. JUDGMENT The appellant Muhib Ali Mangi who is present in person requested in writing that since his counsel had not come, his case be heard in his absence. Accordingly, we heard the appellant and the learned A.A.-G. We also perused the relevant documents involved in the appeal, particularly the report of Mr. Nazir Ahmad Shaikh, S.D.P.O. Rato Dero, Inquiry…

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