Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- --Rr.5 & 6--Dismissal from service--Appellants, Constables of Punjab Reserve Police, charged for managing to get their examination papers replaced by deceitful means with the collusion of one Sub-Inspector in consideration of illegal ratification--Sub-Inspector who was guilty of breach of trust, misuse of official position and receiver of illegal gratification let off only with minor penalty of forfeiture of two years' approved service whereas appellants who fell victim to vicious designs of said Sub-Inspector had been dismissed from service--Guilt of Sub-Inspector being of greater magnitude and he being an officer was to be dealt with more harshly as against Constables and there were no mitigating circumstances to let him off so cheaply--Such type of bad precedents shake confidence of subordinates on one hand and on the other hand result in indiscipline--Comparing liability of all accused appellants should have been treated leniently and not Sub-Inspector because mitigating circumstances were on their side-­Object of disciplinary action was both punitive and deterrent but it could not be justified if it discriminated between the offenders-­Departmental authorities exercised jurisdiction in disciplinary matters, which was akin to parental jurisdiction--All the subordinates should be treated alike as all persons are equal before law and it is constitutional requirement that there should be no discrimination--No justification was found for step-motherly treatment given to appellants and penalty awarded to them was harsh as compared to Sub-Inspector keeping in view the magnitude of misconduct and their status-­Inspector-General of Police should not have lost sight of the fact that discriminatory treatment was bound to adversely affect good order, discipline and morale of the Force--Impugned order was set aside and appellants re-instated in service. M. Shafi Khalique v. Secretary, Establishment 1984 P L C 30 ref. M.A. Riaz for Appellants. Shafique Ahmad Gill, Deputy District Attorney for Respondents. Date of hearing: 28th October, 1987. JUDGMENT IHSANUL HAQ CHAUDHRY, CHAIRMAN.--These are 8 appeals by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492