Case Details

Citation(s)
1988 SLG 803 1988 SLD 803 1988 PLC 18
Service Tribunal, Punjab
Appeals Nos. 56 to 59 of 1987, heard on 1st October, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, KH. MUHAMMAD YOUSAF AND CH. ABDUL RASHID, MEMBERS

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MUHAMMAD RIAZ and 3 others

VS

SUPERINTENDENT OF POLICE, JHANG and 2 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Punjab Police (Efficiency and Discipline) Rules, 1975, R.6(3)(a)--Limitation Act (IX of 1908), S.5--Appellants, as Members of Special Guard for escorting two accused persons from police station to Court, allowing them to escape from their custody--Case registered against appellants with police--Departmental proceedings also having been initiated against them and after service of show-cause notices, two of appellants dismissed and the other two discharged from service--Appeals filed before Tribunal against impugned orders found to be time-barred by six months--Plea of appellants that they did not file appeals in time as criminal case against them was pending adjudication before Magistrate not inspiring confidence--No valid ground made out for condonation of delay--Application for condonation of delay rejected and appeals dismissed as time-barred. Masud Ahmad Riaz for Appellants. Date of hearing: 1st October, 1987. JUDGMENT KH. MUHAMMAD YOUSAF (MEMBER).--This order will dispose off the appeals filed by M/s. Muhammad Riaz, ex-Constable No.851, Muhammad Nawaz, ex-Constable No.912, Muhammad Hussain, ex-­Constable No.237 and Mazhar Khan, ex-Constable No.298, District Police Jhang under section 4 of the Punjab Service Tribunals Act, 1974. They have impleaded the Superintendent of Police, Jhang, Deputy Inspector-General of Police, Faisalabad Range, Faisalabad and Inspector-General of Police, Punjab, Lahore as respondents. 2. Briefly stated the facts of these cases are that the appellants were posted in Police Lines, Jhang and were deputed as a special guard for escorting of Mushtaq Ahmad, ex-ASI and Mohammad Ali Shah, ex-Constable accused in case FIR No.138, dated 11-6-1983 a/s 302/201/330/342, PPC, P.S. Bhowana from District Jail, Jhang to the Court of Resident Magistrate Bhowana at Chiniot in a complaint case u/s 342/406, PPC pending in the said Court. The appellants allowed the said accused to escape from their custody. Consequently a case was registered against the appellants a/s 223/224, PPC at P.S. Chiniot. The appellants were also proceeded departmentally. Consequently the appellants were served with show-cause…
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