| Citation(s) |
|---|
| 1988 SLG 757 1988 SLD 757 1988 PLC 225 |
Service Tribunal, Punjab
Appeal No. 504/909 of 1986, decided on 18th July, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN
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Appeal No. 504/909 of 1986, decided on 18th July, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN
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GHAZANFAR ALI and another
VS
SUPERINTENDENT OF POLICE and 3 others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Police Rules, 1934, 8.12.21--Appellants police officials discharged from service on ground that a dangerous convict who was undergoing life imprisonment in a murder case escaped while appellants were on duty and were escorting him--Appellants were accused, in Show-Cause Notice, of letting loose said prisoner while in first information report it was stated that some unknown persons secured release of convict on pistol and dagger point --Order passed against appellants under Police Rule 12.21 was in fact a simple case of dismissal from service and not a discharge order, held, bad in law and reference to Punjab Police Rule 12.21 was not correct--Order set aside and appellants were deemed to be in service throughout and treated on leave of kind due to them. P L D 1974 S C 393; 1970 S C M R 190 and 1986 S C M R 1264 ref. Masud Ahmad Riaz for Appellants. A.G. Humayun, District Attorney for Respondents. Date of hearing: 8th July, 1987. JUDGMENT The relevant facts for the disposal of these two appeals are that the appellants while posted in District Police Lines, Sheikhupura where they were detailed for escort duty in the judicial guard on 16-9-1982. It is alleged that while escorting a dangerous convict namely Irshad alias Shadoo son of Rashid Ahmad No Village Kawanwali PS Mananwala, who was under going life imprisonment in a murder case escaped while the appellants were on duty. The appellants were served with a show-cause notice dated 18-9-1982. The appellants proceeded to submit their reply to the respective show-cause notices served upon them. 2. The respondent No.l after hearing the appellants and going through the allegations against them decided to discharge them from service under Police Rule 12.21. 3. The appellants feeling aggrieved by the order of discharge filed representations before the respondent No.2, who maintained the order of the respondent No.1 and rejected the representations of the appellants vide order dated 14-5-1983 annexure 'E' with the appeals. 4. The appellants feeling not satisfied with the orders of respondents Nos. 1 and 2 filed further representations before the respondent No.4, who…
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