Case Details

Citation(s)
2007 SLG 1988 2007 SLD 1988 2007 PLC 606
Service Tribunal, Punjab
Appeal No.2230 of 2005, decision dated: 19-01-2006.
AZAD MUHAMMAD AWAN, MEMBER-III

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INSPECTOR MUHAMMAD ASLAM

VS

INSPECTOR-GENERAL OF POLICE PUNJAB, LAHORE and another INSPECTOR MUHAMMAD ASLAM vs INSPECTOR-GENERAL OF POLICE PUNJAB, LAHORE and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 4---Punjab Service Tribunals Act (IX of 1974), S.4---Withholding of increment for one year---Appeal against---Allegation against appellant, who was a police official, was that he, in a criminal case, arrested accused and recovered stolen articles., but later on he in connivance with accused twisted the facts and submitted cancellation report---Appellant was served with show-cause notice to which he submitted reply, but same did not find favour with the Authority and penalty of withholding of increment for one year was imposed upon appellant---Record had revealed that accused was not arrested by appellant and no recovery of stolen wire was effected from him---Prosecution witnesses having not supported the prosecution case, appellant submitted a report for cancellation---Cancellation report was forwarded on merits and charges levelled against appellant were baseless and orders of Authority and also order of Appellate Authority against appellant was erroneous---Impugned orders passed by Authorities against appellant, were set aside, in circumstances. Syed Nasir Hussain Shah for Appellant. Malik Muhammad Ashraf, District Attorney, Zahoor Nadeem, Inspector Legal and Amjad Farooq, Assistant Representatives for Respondents. Date of hearing: 19th January, 2006. JUDGMENT AZAD MUHAMMAD AWAN (MEMBER-III).---Brief facts of the case leading to the filing of the present appeal are that the appellant was served with a show-cause notice No.309/PA dated 21-3-2003 with the allegations that in case F.I.R. No.82 dated 25-2-1999 in offence under sections 409/411, P.P.C. read with section 5/2/46 Prevention of Corruption Act and section 39-A of Electricity Act, the appellant had arrested Jahangir son of Zahoor Ahmed and recovered the stolen wire vide case Diary No.7. However, later on in connivance with the accused he twisted the facts and submitted a cancellation report. The cancellation report was submitted to the prosecution wing who pointed out that the cancellation report was not based on merits. Resultantly the matter was entrusted to investigate to the Additional S.P. The appellant submitted his reply to…
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