Law:

Section:

(On appeal from the of the Service Tribunal, dated 16-1-1992, in Service Appeal No. 499 of 1990). (a) Azad Jammu and Kashmir Civil Servants Act, 1976--- ----S. 2---"Civil servant --Members of Police Force whether civil servants--definition of "civil servant" as contained in S. 2, Azad Jammu and Kashmir Civil Servants Act. 1976, is wide enough to include members of Police Force. (b) Police Act (V of 1861)-- --S. 7---Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline;) Rules, 1977, R. 1(2)---Azad Jammu and Kashmir Civil Servants Act, 1976, 5.2---Police officers of subordinate ranks---Disciplinary matters---Police officers of subordinate ranks were governed by S.7, Police Act. 1861 and the rules thereunder ---Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, would not apply to such officers in matters of discipline---Definition of "civil servant" being wide, all police officers were governed by Azad Jammu and Kashmir Civil Servants Act, 1976, in respect of matters to which Police Act, 1861 did not apply. Inspector-General of Police v. Mushtaq Ahmad Warraich PLD 1985 SC 159 rel (c) Police Rules, 1934-- ----R. 16.20(2)---Fundamental Rules,-R. 54---Authority to sanction subsistence allowance of subordinate Police Officers---Deputy Inspector-General of Police was the authority who could sanction subsistence grant in respect of officers upto the rank of Inspectors---Power under Fundamental Rules 54, which referred to revising or appellate authority would, thus, be deemed to be exercisable by Deputy Inspector-General of Police---Powers under fundamental Rule 54, were applicable only when revising or appellate authority had vacated any order of dismissal, removal or suspension but R.16.20, Police Rules, 1934, would make such powers applicable not only when Police Officer concerned was acquitted on appeal but also when he was acquitted as a result of original inquiry-- -Effect of two provisions viz. R.16.20., Police Rules and R, 54, Fundamental Rules, conjointly was that it was in the discretion of concerned authority to determine whether acquittal was honourable or not and consequently decide the portion of pay and allowances to…

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