Law:

Section:

(a) Punjab Police (Efficiency and Discipline) Rules, 1975-------R. 6---Probation of Offenders Ordinance (XLV of 1960), S.11--­Constitution of Pakistan (1973), Art. 212(3)---Misconduct---Recovery of contrabands from civil servant---Dismissal from service---Criminal Court on confession of commission of crime by civil servant granting him probation in lieu of sentence---Dismissal from service challenged by civil servant whereupon Service Tribunal taking lenient view converted penalty of dismissal from service into reduction of pay---Validity---Leave to appeal was granted to consider effect of probation allowed to civil servant after his conviction qua misconduct attributed to him. (b) Punjab Police (Efficiency and Discipline) Rules, 1975--- ---R.6---Probation of Offenders Ordinance (XLV of 1960), S. 11-- Conviction and probation of civil servant on charge of criminal offence--­ Departmental proceedings for enquiring into misconduct of delinquent civil servant---Effect of pendency of criminal trial and effect thereof on ultimately holding him guilty or innocent by Criminal Court---Competent Authority with regard to act or omission of civil servant constituting misconduct, was not precluded from initiating proceedings under relevant Efficiency and Discipline Rules irrespective of pendency of criminal trial---Criminal Court's final decision would have merely supporting evidentiary value, for, both such proceedings have distinct methods and basis for arriving at final conclusion. Dy. I.-G. Police v. Ants-ur-Rehman Khan PLD 1985 SC 134 rel. (c) Punjab Police (Efficiency and Discipline) Rules, 1.975-- ----R. 6---Probation of Offenders Ordinance (XLV of 1960), S.11 (2)--­Constitution of Pakistan (1973), Art. 212---Civil servant---Charge of criminal offence---Conviction---Probation---Effect of probation of penalty contemplated by Punjab. Police (Efficiency and Discipline) Rules, 1975--­Offender on grant of probation, although would get opportunity of rehabilitation in society without stigma of conviction, yet in case of civil servant, without prejudice to benefit available under Probation of Offenders Act, 1960, Departmental Authority was not precluded from initiating…

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