Law:

Section:

(a) Police Rules, 1934-- -R. 12.21--North-West Frontier Province Police; (Efficiency and Discipline) 1975, R. 5--Discharge from service for misconduct without enquiry--Show­ cause notice was served but no evidence was recorded for or against allegations of misconduct against appellant, a lady constable, strictly misconduct--Allegations wired roof and it was incumbent upon Authority to have examined the required proof complainant and other persons pointing at the shortcomings and lapses of complaint-- Mala fides of Authority was quite apparent from the fact that in the appellant was asked to submit her reply and was informed that she beginning ld be proceeded against under North-West Frontier Province Police Rules, 1975 and that she would be heard in person if she so desired but Authority subsequently changed mind and instead of proceeding against her under Police Rules,'1975, a via media was adopted in order to deprive her of any legal remedy by invoking provisions of Police Rules, 1934. (b) Police Rules, 1934-- ---R. 12.21--North-West Frontier Province Police (Efficiency and Discipline) Rules, 1975, R. 5--North-West Frontier Province Service Tribunals Act (I of 1974), S. 4--Police constable's discharge from service under R. 12.21 of Police Rules, 1934 on charge of misconduct--Validity of--Grant of relief to aggrieved person--Requirements--Rule 12.21 of Police Rules, 1934, does not envisage misconduct by a police constable to attract penalty there under but same relates to the efficiency and performance by such officer--Rule 12.21 of Police Rules, 1934 would not be applicable in the face of allegations of misconduct levelled against a police officer--Where mala fides was alleged/proved against the Authority and where such Authority had exceeded its jurisdiction viz., action taken itself was patently illegal and void, impediment/bar under R. 12 of Police Rules, 1934, would not stand in the way of Tribunal to grant relief to an aggrieved person-­Appellant's discharge from service was set aside in appeal. Rahim Badshah Khattak for Appellant. Muhammad Latif Khan, Special Government Pleader for Respondents. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant…

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