JUSTICE (R) SHOAIB SAEED, CHAIRMAN--Briefly, appellant Sub-Inspector while posted at PS Pir Wadhai, Rawalpindi was proceeded against under Punjab Police (E&D) Rules, 1975 vide show- cause notice dated 26.2.2014 issued by the Superintendent of Police, Rawal Division, Rawalpindi on the following charges:-- "SHO PS Pir Wadhai has reported that you have time and again directed to make all possible and strenuous efforts to arrest the PO's and work out the under investigation cases. But despite of clear directions you did not do so. This state of affairs reflects your negligence and lack of interest towards performing of your official duty".
Appellant submitted reply, denying the charges levelled therein.
The Competent Authority after providing opportunity of personal hearing, awarded major penalty of reduction in rank from Sub-Inspector to ASI vide order dated 28.04.2014.
Appellant preferred departmental appeal before the CPO, Rawalpindi which was rejected vide order dated 30.12.2014.
His revision petition before the RPO, Rawalpindi met the same fate on 9.1.2016. Hence this appeal.
2. Learned Counsel contends that penalty imposed is not justifiable because appellant assumed charge as Sub-Inspector at PS Pirwadhai on transfer on 25.2.2014, that Show-Cause Notice No, 434 dated 26.2.2014 was issued by Superintendent of Police, Rawalpindi Division, Rawalpindi, a day after assumption of charge, the allegations being false are not sustainable in law.
That major penalty of reduction in rank was imposed without regular inquiry which is in violation of the law laid down in several judgments by the apex Court. The authority ordering reduction did not fix "effective period" which is mandatory under Civil Service Rules. The impugned orders are liable to be set aside.
3. Conversely, learned District Attorney submits that the appellant has been rightly awarded penalty of reduction in rank from Sub-Inspector to ASI as he did not perform his duty diligently, therefore, the instant appeal may be dismissed.
4. Arguments heard, record perused.
5. It is evident from copy extract Roznamcha, appellant took over charge at PS Pirwadhai on 25.2.2014, the Competent Authority astonishingly issued Show-Cause Notice to the appellant on 26.2.2014 just a day after assumption of duty, it appears Show-Cause Notice in question was issued under some misconception or given, keeping in view past performance of the appellant while rejecting revision petition reference of past bad entries was incorporated in the order.
Copies appeal and revision filed before relevant authorities are appended, wherefrom it is apparent that appellant specifically raised this question but surprisingly without dilating on the core issue, authorities passed (sic) in a mechanical manner. The charges contained in Show- Cause notice do not hold ground, rather it is a case in which major punishment was awarded without any charge or the punishment is based on past bad entries/performance which is not sustainable.
The authority while proceeding under Rule 6(3)(i) of the Punjab Police (E&D) Rules by way of General Police Proceedings. have to be very cautious/careful while passing orders. The awarding of major penalty without tangible/ concrete material, with regard to allegations, before it is undesirable. the evidence to be looked into must cover not only the entire spectrum of allegations/ charges but should stand test of proof in Court/and fully satisfies conscience of the authorities before passing orders.
That Rule 4.12 of 'the Civil Service Rules (Punjab Vol.1) was violated as no period of effectiveness in reduction in rank from Sub-Inspector to ASI was provided in the order which is mandatory as reduction by one step cannot be perpetual.
6. For what has been discussed above, this appeal is allowed and impugned orders are set aside.
Appellant is restored to his original rank. of Sub-Inspector w.e.f 28.4.2014.