| Citation(s) |
|---|
| 2002 SLG 1853 2002 SLD 1853 2002 PLC 914 |
Service Tribunal, Punjab
Appeal No. 301 of 2000, decision dated: 19-06-2001.
SARDAR ALAM KHAN, MEMBER-II
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Appeal No. 301 of 2000, decision dated: 19-06-2001.
SARDAR ALAM KHAN, MEMBER-II
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MUHAMMAD AZAM
VS
SENIOR SUPERINTENDENT OF POLICE, GUJRAT and 2 others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975------Rr. 3 (b) & 4(1)(a)(iii)(b)(i)---Punjab Service Tribunals Act (IX of 1974), S.4--Reversion to substantive rank---Professional misconduct---Failure to, follow legal procedure---Civil servant being a police official had registered F.I.R. in non-cognizable case instead of lodging a complaint in the Court--Civil servant though was guilty of misconduct for having deviated from the procedure yet the show-cause notice did not mention any corrupt motive on the part of the civil servant---Omission on the part of the civil servant was rectified on the same day and he had conceded his mistake voluntarily--Service Tribunal converted the penalty from the reversion to the substantive rank to withholding of promotion for one year and re-instated the civil servant to his rank. Mrs. Rizwana Anjum Mufti for Appellant. Irshad Ahmed, Legal Inspector and District Attorney for Respondents. Date of hearing: 19th June, 2001. JUDGMENT This appeal is directed against an order dated 30-12-1999 passed by Senior Superintendent of Police, Gujrat respondent No. l whereby the appellant was awarded punishment of reversion to his substantive rank of Head Constable. 2. The relevant facts of the case are that on 3-12-1999 Deputy Superintendent of Police, Legal, Gujrat submitted a report to Senior Superintendent of Police, Gujrat stating therein that the appellant had registered a case F.I.R. No.321 of 1999, dated 28-11-1999 under section 509, P.P.C. at Police Station Lalamusa despite the fact that the offence under section 509, P.P.C. was non-cognizable. At this Senior Superintendent of Police, Gujrat served the following show-cause notice upon the appellant:-- "D.S.P./Legal, Gujrat, vide his report dated 3-12-1999 has pointed out that one Anjum Rashid in Writ Petition No.21919 of 1999 Anjum Rashid v. S.H.O. aired his grievances that case F.I.R. No.321, dated 28-11-1999, under section 509, P.P.C., Police Station City Lalamusa, was registered against him, despite the fact that the offence was -non-cognizable. The D.S.P./Legal further reported that on a perusal of the record it was found that the S.H.O. Police Station City Lalamusa,…
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