Law:

Section:

(a) Punjab Police (Efficiency and Discipline) Rules, 1975--- ----Rr. 1(2) & 15---Police Rules, 1934, R. 16.38---Misconduct---Rules applicable to police officials---Provisions of Punjab Police (Efficiency and Discipline) Rules, 1975, are applicable to police officers below the rank of Deputy Superintendent of Police---Appellant being a Head Constable of Police, a subordinate rank below that of Deputy Superintendent of Police, was thus, governed by the provisions of Punjab Police (Efficiency and Discipline Rules, 1975 so far as disciplinary matters were concerned---Chapter XVI of Police Rules, 1934, relating to punishments spread over 8.16.1 to 16.41, thus, stood repealed in respect of police personnel below the rank of Deputy Superintendent of Police, in respect of disciplinary actions. (b) Punjab Police (Efficiency and Discipline) Rules, 1975--- ---R. 6(3)---Service Tribunals Act (LXX of 1973), S. 4---Charge of misconduct against police official---Regular enquiry whether necessary---Dismissal of police official without regular enquiry---Effect---Provision of R.6(3), Punjab Police (Efficiency and Discipline) Rules, 1975, confers discretion on authority to determine whether a departmental inquiry in the light of the facts of the case or in the interest of justice was necessary and then proceed accordingly--­Such discretion, however, had to be exercised keeping in view facts of the case and interest of justice---Charge against appellant police official being that of abduction of girls and their recovery and appellant having denied the same, regular inquiry should have been conducted by recording statements of abducted girls and also those of witnesses who had detected the appellant confining the girls---Matter being under investigation on registration of a crime, just course to have been adopted was that either result of investigation should have been awaited and in case challan was submitted to Court, verdict of Court should have been awaited or regular inquiry should have been started simultaneously; and if charge was proved against appellant at the departmental inquiry, appropriate punishment could have been awarded; but the case was not one for taking…

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