Case Details

Citation(s)
1991 SLG 730 1991 SLD 730 1991 PLC 561
Service Tribunal, Punjab
Appeal No. 546 of 1989, decision dated: 6-06-1990.
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID KHAN, MEMBER

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MUHAMMAD ASHRAF, A.S.I.

VS

SENIOR SUPERINTENDENT OF POLICE and others

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R. 6.3---Dismissal from service---Appellant an Assistant Sub-Inspector of Police charged for corruption and misconduct---Appellant was acquitted by Special Judge, Anti-corruption but departmentally he was proceeded against and was dismissed from service by Superintendent of Police and his appeal was also rejected by D.I.-G: --Additional Inspector-General of Police, however, accepted his revision and ordered that de novo trial should be considered by authorities and period spent out of service should be treated as leave of any kind due--- Appellant contended that acquittal in a criminal case would result in rendering departmental proceeding unnecessary---Contention was repelled---Held, proceeding in criminal case and departmental proceedings were different in substance and that despite acquittal in criminal case, there was no bar to award punishment under Punjab Police (Efficiency and Discipline) Rules, 1975 provided there was sufficient material to justify it---Appeal was dismissed in circumstances. Riaz Anwar for Appellant. A.G. Humayun, District Attorney for Respondents. Date of hearing: 14th May, 1990. JUDGMENT ABDUL HAMID KHAN (MEMBER).---The appellant while posted as A.S.I. in Multan District was proceeded against under Rule 6.3 of the Punjab Police (E&D) Rules, 1975 on charges of corruption and misconduct. It was alleged that while posted at P.S. Qadirpur he accepted a sum of Rs.1,500 as illegal gratification during his visit to Khanewal Arms House from Akhtar Ali Kamboh. He accepted this amount through coercion by threatening Akhtar Ali Kamboh of dire consequences. The appellant was served with a show-cause notice for major penalty to which he submitted a written reply and was also heard in person. The A.S.I. requested that the proceedings may be kept pending till the decision of the Court in the case which had been registered against him under section 161, P.P.C. and 5(2)47 of PCA. The authority i.e. the S.S.P., Multan (respondent No. 1), however, did not rind any force in the plea as according to him the case had already been enquired into by an officer of the rank of S.P. and because a…
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