Law:

Section:

North-West Frontier Province Police Rules, 1975--R. 11---Departmental appeal and appeal under R. 11 of Police Rules---Not a mere formality---Requirements---Where a comparatively small officer was pitched against the ostensible ire of a superior, placed way up higher than him. it was obligatory upon the departmental functionaries to have exercised their powers in a manifestly just, reasonable and impartial manner---When an enquiry in which a high officer is concerned one way or the other and in which serious matters, such as interpretation of several orders of Courts are posed, is shown speeded up and results in conclusion including the appeal within month, the development cannot go unnoticed---Departmental Officers having not acted m a transparent and uncontroversial manner, imparting a manifest infirmity to the proceedings, such proceedings could not stand the test of judicial scrutiny. A departmental appeal is not a mere formality. Such equally applies to an appeal under Rule 11 of the N.-W.F.P. Police Rules, 1975. It is understandable that where the order of the Appellate Authority is affirmative of the finding in an inquiry such may be brief. Still matters of substance need to be addressed. Justice should not only be done but must appear to have been done. In the peculiar circumstances of present case, where a comparatively small officer was pitched against the ostensible ire of a superior, placed way up higher than him, it was obligatory upon the departmental functionaries to have exercised their powers in a manifestly just, reasonable and impartial manner. The conditions in the present case do not appear to have been satisfied. Experience shows that such departmental inquiries usually consume a good deal of time, something which remains a cause of concern. Yet, when an enquiry, in which a high officer is concerned, one way or the other, and in which serious matters, such as interpretation of several orders of Courts, are posed, is shown speeded up and results in conclusion, including the appeal within months, the development cannot go unnoticed. The departmental officers, thus, in the overall circumstances, do not appear to have acted in a transparent and…

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