| Citation(s) |
|---|
| 1997 SLG 1030 1997 SLD 1030 1997 PLC 1179 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1779/L of 1996, decision dated: 27-01-1997. (On appeal from the judgment dated 28-7-1996 of the Federal Service Tribunal, Camp at Lahore, passed in Appeal No. 93/L of 1996)
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
Mirza MasoodurRehman, Advocate Supreme Court and Mahmood A. Qureshi, AdvocateonRecord for Petitioners. Rana Muhammad Sarwar, Advocate Supreme Court with S. Abul Aasim Jafri, AdvocateonRecord for
Respondent.
Civil Petition for Leave to Appeal No. 1779/L of 1996, decision dated: 27-01-1997. (On appeal from the judgment dated 28-7-1996 of the Federal Service Tribunal, Camp at Lahore, passed in Appeal No. 93/L of 1996)
AJMAL MIAN AND MUKHTAR AHMAD, JUNEJO, JJ
Mirza MasoodurRehman, Advocate Supreme Court and Mahmood A. Qureshi, AdvocateonRecord for Petitioners. Rana Muhammad Sarwar, Advocate Supreme Court with S. Abul Aasim Jafri, AdvocateonRecord for
Respondent.
INSPECTOR GENERAL OF RAILWAY POLICE and others
VS
MUHAMMAD RAFIQ
Law:
Section:
Police Rules, 1934R. 16.24Constitution of Pakistan (1973), Art. 212(3)Police employeeStoppage of increments permanently for two yearsProceedings initiated against police official not free from biasEnquiry Officer grossly violating 8.16.24, Police Rules, 1934EffectService Tribunal set aside penalty meted out to employee ValidityReasons found favour with Service Tribunal did not suffer from any legal infirmityEnquiry Officer acted under misconception of law by taking view that it was not necessary to provide opportunity to employee to produce evidence in defence, though he requested for the sameJudgment of Service Tribunal whereby penalty imposed upon employee was set aside, did not suffer from any legal infirmityLeave to appeal to Supreme Court was refused in circumstances. ORDER AJMAL MIAN, J.This is a petition for leave to appeal against the judgment dated 287-1996 of the learned Federal Service Tribunal, Camp at Lahore, hereinafter referred to as the Tribunal, passed in Appeal No.93(L) of 1996, filed by the respondent against the stoppage of increments permanently for two years by an order dated 1811996, allowing the same for the following reasons: "6. From the circumstances narrated in the preceding paragraph it comes out that the proceedings initiated against the appellant on the complaint by Mr. Ahmad Hussain Chauhan were not free from bias. The Inquiry Officer gross violated the Rule 16.24 of the Punjab Police Rules, 1934. The persistent demand of the appellant to allow him an opportunity to produce defence witness was not listened by the Inquiry Officer. Reiteration of the grievance before the authority remained unattended and undecided. The appellate order is also silent on this point. In the` circumstances the inquiry…
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