| Citation(s) |
|---|
| 2006 SLG 1804 2006 SLD 1804 2006 PLC 977 |
Service Tribunal, Punjab
Appeal No.1364 of 2004, decision dated: 4-05-2006.
JUSTICE (RETD.) RUSTAM ALI MALIK, CHAIRMAN
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Appeal No.1364 of 2004, decision dated: 4-05-2006.
JUSTICE (RETD.) RUSTAM ALI MALIK, CHAIRMAN
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MAQSOOD ALAM, EX-A.S.-I.
VS
SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE and 2 others MAQSOOD ALAM, EX-A.S.-I. vs SUPERINTENDENT OF POLICE, HEADQUARTERS, LAHORE and 2 others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R. 4(b)(v)---Punjab Service Tribunals Act (IX of 1974), S.4---Penalty of dismissal from service---Imposition of---Appeal---Appellant, who was serving as A.S.-I. in Police Department, was proceeded against on disciplinary grounds---Major penalty of dismissal from service was imposed on appellant after serving him with show-cause notice on allegation of gross misconduct---Appeal filed by appellant against his dismissal order was also dismissed by Tribunal---Aggrieved by of Service Tribunal' appellant filed constitutional petition, which was accepted by High Court and case was remanded to Service Tribunal for decision on merits---Allegation against accused was that he was involved in a criminal case---Co-accused of appellant, who was involved in the same criminal case in which appellant was also an accused, was also proceeded against, but was reinstated in service on account of his acquittal in the criminal case along with accused---Appeal of appellant filed against impugned order was accepted and he was reinstated in service and matter was remanded to competent authority, with direction that, if considered necessary appellant could be proceeded afresh by directing a regular inquiry into the matter in accordance with law and thereafter to pass a fresh order on the basis of inquiry report. Syed Rashid Hashmi, for Appellant. Khadim Hussain Sindhu, District Attorney Naseer Ahmad, Inspector Legal, CPO and Ashby Ahmad, Head Constable, CCPO Departmental Representation for Respondents. Date of hearing: 4th May, 2006. JUDGMENT JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---The appellant who was serving as A.S.-I. in the Police Department was proceeded against on disciplinary grounds. He was served with a show-cause notice, dated 12-11-2001 wherein the allegation against him was as following:-- "That you have been involved in case F.I.R. No.135, dated 30-8-1999 under sections 302/148/149, P.P.C. Police Station Johar Town. Being a member of disciplined force, involvement in a criminal case is gross misconduct on your part." 2. The appellant filed reply to the show-cause notice denying the charge against…
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