Law:

Section:

Pakistan Prison Rules, 1978-------Chap. 41 & Rr.724 & 1002---North-West Frontier Province Service Tribunals Act (I of 1974), S.4-Constitution of Pakistan (1973), Art.187---Supreme Court---Suo motu powers, exercise of---Enhancing of penalty---Five under-trial prisoners escaped from jail and after departmental inquiry Assistant Superintendent and four warders were found responsible for the incident---Assistant Superintendent was awarded penalty of reduction to the lowest stage in his present time scale, while warders were dismissed from service---Service Tribunal allowed appeal of all civil servants and altered penalty of warders from dismissal from service to stoppage of three increments without cumulative effect, while Assistant Superintendent was exonerated from the charges and his penalty was set aside--Validity---Service Tribunal, while shifting entire burden on to the shoulders of accused warders, omitted to realize that the Assistant Superintendent was the one who was responsible for the efficient and proper discharge of obligations by his subordinates and any negligence of the staff meant an aggravated negligence on his part---Assistant Superintendent did not bring on record to establish that he was not on duty on the night of occurrence---Judgment of Service Tribunal, absolving Assistant Superintendent of his liability towards the incident, could not be sustained---Higher the post, higher were the responsibilities and graver were the implications and consequences of their neglect---Findings of Service Tribunal exonerating the Assistant Superintendent from the charges levelled against him was result of apparent error emanating from a gross misreading and mis-appreciation of material available on record---Assistant Superintendent being incharge of jail had suffered escape of five under trial prisoners from custody of the State, which was a serious matter and it was surprising that despite findings of guilt recorded against Assistant Superintendent, competent authority still found him good enough to man prisons---Such officer did not deserve to continue to be in such service saddled with high responsibility of ensuring safe detention of prisoners in…

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