Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-­-- --S.4--Punjab Police (Efficiency and Discipline) Rules, 1975, R.6(3)--Disciplinary action allegations of--Victimisation established on record cannot be summarily rejected--Police ASI proceeded under show-cause notice and retired compulsorily on charges of (i) being corrupt and (ii) misconduct recorded in past ACRs and (iii) award of 3 censures earlier--No specific allegations of corruption stated ir1 show-cause notice and adverse report of past ACR still under challenge before the Service Tribunal--Record indicating annoyance of competent authority against official (appellant) inasmuch as appellant was dismissed earlier by same officer and re-instated by appellate authority holding that enquiry conducted was sketchy, slipshod and based on presumptions and concoction--Appellant had a good service record with 4 censures awarded on one and same date which could not be weighed against him--Same officer being annoyed due to appellate re-instatement order recording adverse remarks in ACR of official and such remarks directed by Service Tribunal to be expunged being unfounded and result of malice--Competent authority absolutely not touching any point submitted in detailed explanation by Official (appellant) and devolving new points not mentioned in show-cause notice--impugned order, held; was corum non judice and not sustainable being against principles of law and rules positively exhibiting state of annoyance of competent authority against appellant hence set aside by Service Tribunal. 1980 P L C (C.S.) 92 (1); 1983 P L C (C.S.) 261 and 1980 SCMR 850 rel. (b) Punjab Police (Efficiency and Discipline) Rule, 1975-- ---R.6(3)--Show-cause notice--Matter not mentioned in show-cause notice--Cannot be referred to by competent authority because accused had no opportunity of defence there against. (c) Police Rules, 1034- ---Rr.13 & 17(2)--Punjab Police (Efficiency and Discipline) Rules, 1975--Initiating disciplinary proceedings on basis of 3 censures awarded earlier---provisions of 11r.13 & 172) of Police Rules no longer valid after enforcement of Punjab Police (Efficiency and Discipline) Rules; 1975. Masud Ahmad Riaz…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492