Case Details

Citation(s)
1991 SLG 1592 1991 SLD 1592 1991 PLC 642
Service Tribunal, Punjab
Appeal No. 710 of 1989, decision dated: 23rd October, 1990.
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID KHAN, MEMBER

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MUKHTAR HUSSAIN

VS

DEPUTY INSPECTORGENERAL OF POLICE and others

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R. 4---Stoppage of increments---Misconduct---Appellant, an Assistant Sub- Inspector of Police was served with show-cause notice on charge of getting a shopkeeper beaten by his subordinate constables while on duty in Jumma Bazar and then dragged said shopkeeper forcibly to police station where appellant recorded an incorrect report---Enquiry Officer found appellant guilty---Appellant was given personal hearing and was awarded punishment of stoppage of three increments with cumulative effect---No regular inquiry was conducted and decision of Authority imposing penalty was based on an assumption which was factually incorrect as a result thereof entire proceedings were rendered invalid--­Punishment awarded by Authority was illegal because increments could not be stopped with cumulative effect---Order awarding punishment was set aside. M. Rahim for Appellant. Manzoor Hussain, D.A. for Respondents. Date of hearing: 10th October, 1990. JUDGMENT MUHAMMAD MEHMOOD ASLAM PIRZADA (CHAIRMAN).--­Mukhtar Hussain, A.S.I. has filed this appeal under section 4 of Punjab Service Tribunals Act, 1974 against the impugned orders dated 21-7-1988 and 14-9-1989 passed by the respondents. The appellant has impleaded the D.I: G., Police, Bahawalpur Range, Bahawalpur and Superintendent of Police, Bahawalpur as respondents. Through this appeal the appellant has prayed that impugned orders passed by the respondents be set aside. Salient features of this appeal are that the appellant was served with show-cause notice on the charge that on 23-3-1988, while on duty in `Jumma Bazar' he got Bashir Ahmad Shopkeeper beaten by his subordinate constables. The said Bashir Ahmad was not only beaten but was also forcibly dragged to Police Station Civil Lines where the appellant recorded an incorrect report dated 25-3-1988. Appellant submitted his explanation in reply to the show-cause notice and a regular enquiry was conducted. The enquiry officer found him guilty. Appellant was given personal he; ring and respondent No.2 (authority) vide his impugned order dated 21-7-1988 awarded him the penalty of stoppage of increment for 3 years. The…
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