Law:

Section:

(a) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R.6--Enquiry--Competent authority once deciding to adopt one procedure and dispensing with formal inquiry, held, could not change his mind and order to hold formal inquiry--By switching over to new procedure accused official could be prejudiced in his defence. Zarar Khan v. Government of Sind and others P L D 1980 SC 310 and Ghulam Hadi Baloch v. Collector of Customs, 1987 SCMR 602 rel. (b) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---R.6--Reduction in pay and reduction in rank--Appellant Sub­-Inspector of Police charged allegedly for his failure to interrogate an accused person, held up for murder, and for his failure to take preventive measure--With change of procedure for dealing with appellant a new charge emerged that appellant had also fabricated case diaries--Appellant was twice punished for same charges and was imposed two different penalties; firstly his pay was reduced by two increments and secondly he was reverted from post of Sub-Inspector to substantive rank of Assistant Sub-Inspector--Finding of departmental authorities that zimnies were fake based on conjectures and surmises and no cogent and authoritative evidence existing on record to prove same--Due to decision of authorities, first not to hold formal inquiry and then to order same, appellant was greatly prejudiced in his defence--Held, penalties awarded to him were nullity in law and of no legal effect in circumstances Abdul Razzak Malik v. WAPDA P L D 1973 Lah. 188 rel. (c) Constitution of Pakistan (1973)-- ---Art.13--Word 'offence' used in Art. 13 of Constitution, held, carried wider scope and meaning to cover all types of penalties. (d) Maxim-- --- None shall be twice vexed for one and same cause. M.A. Riaz for Appellant. Shafique Gill, Deputy District Attorney for Respondents. Date of hearing: 20th October, 1987. JUDGMENT KH. MUHAMMAD YOUSAF (MEMBER). --Muhammad Ashiq, Assistant Sub Inspector of Police, Police Post Aroorri, P.S. Chak Jhumra has filed the present appeal under section 4 of the Punjab Service Tribunals Act, 1974 and has impleaded the Superintendent of Police, Faisalabad, D.I.G. Police, Faisalabad…

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