Case Details

Citation(s)
1988 SLG 434 1988 SLD 434 1988 PLC 85
Service Tribunal, Punjab
Cases Nos.207/690 and 228/713 of 1986, decided on 19th October, 1986.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND MIAN FAIZ KARIM, MEMBER
Masud Ahmad Riaz for Appellants. Manzoor Hussain Bhatti, District Attorney for
Respondents.

MUHAMMAD AKRAM and another

VS

SUPERINTENDENT OF POLICE, CITY DIVISION, LAHORE and 2 others

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975- ----Rr.6(3) & 9--Punjab Service Tribunals Act (IX of 1974), S.4-­Disciplinary proceedings and criminal trial on same charges--Proper course--Police constables alleged to have extorted money by force from complainant--Criminal case registered--Competent authority on basis of complaint and investigations in criminal case adopting summary procedure of show-cause notice and passing orders of dismissal from service--Criminal trial subsequently resulting in acquittal of accused-­Held: (1) competent authority should have either awaited result of criminal case so that on conviction of accused they could be proceeded under R.9 or should have conducted regular enquiry with opportunity of defence to accused, and (2) acquittal of accused by competent Court would bear a judicious finding as compared to summary proceedings by competent authority--Service Tribunal accepted appeal against impugned dismissal order holding that competent authority, was at liberty to proceed afresh against accused. JUDGMENT MIAN FAIZ KARIM (MEMBER).--The appellants, Muhammad Akram and Walayat Ali, ex-Constables have filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the impugned order dated 5-5-1985 passed by Superintendent of Police, City Division, Lahore vide which both were dismissed from service and the impugned order dated 19-10-1,985 vide which their departmental appeals were rejected. The appellants have impleaded the Superintendent of Police, City Division, Lahore, D.I.-G. Police, Lahore Range and I.G.Police, Punjab, Lahore as respondents Nos.l, 2 and 3 respectively. 2. Through this appeal, the appellants have prayed that the impugned orders may be set aside and the appellants be reinstated in service. 3. This judgments would dispose off both the appeals because the facts of the case, the impugned orders as well as the respondents are identical. 4. Brief facts of the case are that the appellants, Muhammad Akram and Walayat Ali, ex-Constables were issued the following show cause notice by the Superintendent of Police:- "One Abdul Wahad s/o Rahat Caste Pathan No Jahangir District Peshawar vide case…
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