Law:

Section:

Police Rules, 1934-- ---R.16.21(2)---Petitioner, being foot constable, was suspended, but not only suspension order of authority was silent as to transfer of petitioner to Police Lines but there was no subsequent order effecting said transfer---Rule providing that after suspension, unless suspended, police officer was transferred to Police Lines, he would not be supposed to remain in Police Lines and perform duties detailed in that Rule---Orders of Authority dismissing petitioner from service for not joining and performing duties in Police Lines in absence of transfer order, held, were illegal and could not be sustained---Petitioner would be deemed to continue in service with usual benefits. Date of hearing: 19th November, 1989. JUDGMENT The petitioner was serving as Foot Constable in Punjab Police and was posted at Rawalpindi in year 1964 when he was involved in a number of criminal cases under section 411, P.P.C. He was arrested on 12-2-1964. Thereafter he was suspended by respondent No. 1 on 13-2-1964. The disciplinary proceedings were initiated against the petitioner, which resulted in dismissal of the petitioner vide order dated 22-2-1966 passed by respondent No. 1. The petitioner unsuccessfully challenged this order through an appeal before respondent No. 2, who dismissed the appeal vide order dated 19-6-1966. Thereafter respondent No. 3 dismissed his revision vide order dated 30-9-1969 and mercy petition was dismissed by respondent No. 4 vide order dated 2-5-1970. It is thereafter that the petitioner invoked the Constitutional jurisdiction of this Court. In the meanwhile, the petitioner was acquitted in eight criminal cases registered under section 411, P.P.C. against the petitioner vide judgment-dated 26-11-1964. The petitioner was also proceeded against under West Pakistan Essential Services (Maintenance) Act, 1958 and was acquitted by A.D.M., Rawalpindi vide judgment-dated 14-3-1969. The petitioner after his acquittal from the Criminal Court reported for duty to respondent No. 1 but it transpired that he was dismissed by respondent No. 1 on 22-2-1966 and it was thereafter that the petitioner started pursuing the remedy with the respondents Nos. 2 to 4…

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