Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R. 4(a)(i)---Censure---Appellant, Deputy Superintendent of Police was proceeded against departmentally under Efficiency and Discipline Rules--­Enquiry Officer giving finding about his integrity stated that his reputation was poor for extraction of money from subordinate police officials---Both Assistant Commissioner/Deputy Commissioner having a very poor image of his integrity and apprehended that such continued behaviour on his part could lead to untoward incidents---On basis of finding of Enquiry Officer, appellant was censured---Appellant challenged order of censure against him---Record showing that Enquiry Officer mainly relied on evidence of star prosecution witnesses i.e. of S.P., A.C. and D.C. and they appeared to have mixed up appellant's performance with his integrity when he answered questions put to him by Enquiry Officer---Not only that appellant never received any report doubting his integrity during his entire service career from 1961 to 1988 but even in 1985 his integrity was adjudged as `good' by the same Superintendent of Police---Deputy Commissioner's deposition before Enquiry Officer relating to integrity clearly showed that although Deputy Commissioner considered integrity of appellant controversial, yet he never took up this matter with Superintendent of Police in writing and that he had no documentary evidence to substantiate allegation of controversial integrity---Enquiry Officer appeared to have based his finding on insufficient material---Subordinate Police Officers also stated that appellant had never demanded illegal gratification from them and that he enjoyed excellent reputation---No written proof existing against appellant to dub appellant's integrity as controversial---No fair and complete disclosure of any specific allegations of corruption and grounds was made on which they were based--­Held, requirement of law and procedure remaining unsatisfied, principles of natural justice were violated and due to certain flaws in departmental proceedings, action against appellant was uncalled for---Order conveying censure to appellant was set aside. M.A. Riaz for Appellant. A.G.…

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