Law:

Section:

Per A . Q. Qazi and Manzoorul Haq Effendi, Members--- (a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R.5--Revised Police Rules, 1979, Rr.16.18, 16.19 & 16.20--Dismissal from police service--Departmental proceedings against appellant initiated in 1975 when Sind Civil Servants Rules, 1973 were in force and applicable to police employees--Action taken against such employee under 8.16.20, Revised Police Rules whether justifiable--At the time departmental proceedings against police employee were initiated, Revised Police Rules were not in force--Such Rules, held, could not be applied retrospectively, in case an employee was materially affected thereby. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5.2 & 6--Revised Police Rules, 1979, Rr.16.18; 16.19 & 16.20--Provisions of Sind Civil Servants (Efficiency and Discipline) Rules, 1973, and Revised Police Rules--Comparison of--Rules 5.2 & 6 of Sind Civil Servants Rules, 1973, held, were parallel to Rr.16.18, 16.19 & 16.20 of Revised Police Rules, 1979--Overriding proviso 5(3)(b) of Rules 1973 could be compared with that of 16.20(b)(ii) of Revised Police Rules--Revised Police Rules, however, are more elaborate and have given rise to procedural change--Where procedural transition had not affected the appellant adversely or had taken away any of his vested right objection to application of Revised Police Rules retrospectively could not be sustained. (c) Revised Police Rules, 1979-- ---R.16.20--Sind Service Tribunals Act (XV of 1973), S.4-Enquiry against dismissed police employee--Participation of such employee in enquiry proceedings and production of evidence in his defence--Finding of enquiry, whether justified--Service Tribunal having gone through findings and recommendation of enquiry and record of case, upheld finding of enquiry as same was conducted in accordance with Rules--Appellant being aware of reasons of show-cause notice, held had not been materially prejudiced in his defence--Strict application of Rules would not have allowed the level of defence which had been provided to appellant although he was proceeded against for 'subversive' and 'security' activities. (d)…

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