| Citation(s) |
|---|
| 1988 SLG 1980 1988 SLD 1980 1988 PLC 551 |
Service Tribunal, Punjab
Case No. 444/981 of 1984, decided on 12th February, 1985.
ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 444/981 of 1984, decided on 12th February, 1985.
ABDUL HAMID CHAUDHRY, MEMBER
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GHULAM NABI
VS
SUPERINTENDENT OF POLICE, JHANG and 2 others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R.3(b)--Show-cause notice--Regular enquiry--Corruption charge-Regular enquiry is a must enabling accused to avail defence opportunity--Proceedings initiated on complaint of illegal gratification--Preliminary enquiry conducted twice--Findings of preliminary enquiries contradictory--Penalty order by resort to show-cause notice procedure on basis of such preliminary enquiries set aside by Service Tribunal and case remanded for proceeding afresh by conducting regular enquiry. P L D 1974 S C 393 rel. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT Ghulam Nabi, Sub Inspector No.118/F, Police Station, Civil Lines, Faisalabad, has made this appeal under section 4 of the Punjab Service Tribunals Act 1974, wherein he has impleaded the respondents mentioned above. 2. By virtue of this appeal the appellant has prayed that the impugned orders dated 5-9-1982, 24-10-1983 and final order dated 23-4-1984/14-5-1984 be set aside and his one year's approved service be restored with all back benefits. 3. Brief facts of the case are that on 2-11-1981, one Kazim s/o Shera caste Sadhu r/o Chak No.127, P.S. Chiniot submitted application to the Superintendent of Police, Jhang that the appellant alongwith other Constables apprehended his brother Muhammad Ali and demanded illegal gratification which Kazim Ali could not pay. Muhammad Ali and other accused were challaned who were innocent. The appellant raided his house after 3/4 days again. Kazim Ali paid Rs.1,000 as illegal gratification to the appellant. The second application dated 7-1-1982 was submitted by Dilmir Khan s/o Mohabat Khan caste Sadhu r/o Chak No.127 P.S. Chiniot to the effect that on 10-12-1981, the appellant and Mansabdar, Constable came to the house and took away the Recorder, Battery of Suzuki and Rs.4,200. Also they threatened Dilmir Khan to keep silent otherwise he would be challaned. A show-cause notice was served upon the appellant by the Superintendent of Police, Jhang dated 17-4-1982. The appellant submitted his reply to the show-cause notice. Mr. Muhammad Ashraf Marth, Enquiry Officer, the then ASP/Hqrs, Jhang…
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