ABDUL HAMID CHAUDHARY (MEMBER).--Syed Afzal Hussain Shah, ex-Constable Police, No.7175 of Lahore District has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded respondents Nos.1 to 5 as detailed above.
2. By virtue of this appeal, the appellant has prayed that the impugned order, dated 5-10-1985 passed by respondent No.1, D.1.-G. Of Police, Lahore Range, Lahore be set aside and the respondents be directed to re-instate the appellant with full back benefits.
3. Brief facts of the case are that the appellant was served with a show-cause notice by Superintendent of Police, Cantt. Division, Lahore on the following charges that :- "You Constable Afzal Hussain No.7175 while posted at P.S. Mughalpura brought one Qadeer son of Yasin resident of Muhallah Chah Hazara, Gulshan Park, Fateh Garh., District Lahore on 24-9-1984, gave him a beating, threatened him for registering a criminal case against him and later on let him of after receiving Rs.250 as bribe.
During preliminary enquiry conducted by D.S.P. Mughalpura you were both found guilty of the charge thus you are liable for severe departmental action under the Punjab Police (E&D) Rules, 1975."
Reply to the show-cause notice was submitted by the appellant which was considered by the authority. This was not considered satisfactory and he was dismissed from service w.e.f. 27-10-1984 by Superintendent of Police, Cantt. Division, Lahore vide his order, dated 1-11-1984. The appellant submitted an appeal to the Deputy Inspector-General of Police, Lahore Range, Lahore which was rejected vide his order, dated 5-10-1985. Hence this appeal.
4. We have heard the parties i.e. Mr. Muhammad Akbar Cheema, counsel for the appellant and Mr. A.G.Humayun, District Attorney assisted by the representative on behalf of the respondents.
5. The learned counsel for the appellant has assailed the impugned order on the legal plane as well as on merit and has submitted that as laid down in PLD 1974 SC 393, and in various judgments of this Tribunal, and the letter of the learned I.-G. Police, Punjab, dated 4-3-1984, addressed to all the D.I.-Gs./S.Ps. In which he expressed his explicit directions and impressed upon them that in cases of corruption, regular enquiry should be conducted, in view of the verdict given by their Lordships of the Supreme Court of Pakistan. According to the learned counsel for the appellant, despite these instructions so circulated and were in the knowledge of the competent authority, the same have been ignored and the appellant has been proceeded under rule 6(3) of the Police (E&D) Rules, which would be against the verdict of the Supreme Court of Pakistan as well as instructions of the Head of the Police Department. It has also been submitted by the learned counsel for the appellant that the impugned order shows that the preliminary enquiry was conducted by D.S.P. But the appellant was not associated in that enquiry even, also a copy of the enquiry report was not provided to the appellant as well. Thus, this preliminary enquiry conducted by the D.S.P. Was also at the back of the appellant and he was not afforded an opportunity to put up his defence or witnesses to prove his innocence. Concluding his arguments the learned counsel for the appellant has submitted that in view of his above contention the impugned orders are illegal, against the facts of the case and cannot be sustained.
6. On the other hand the learned District Attorney has defended the action of the respondents under rule 6(3) of the Punjab Police (E&D) Rules and has submitted that during the preliminary enquiry conducted by the D.S.P., Mughalpura the appellant was found guilty of charge. Hence there was no necessity of holding a regular enquiry as sufficient material was available on record to prove the guilt and misconduct of the appellant. Thus, he has been punished correctly and the impugned orders are valid and lawful orders.
7. We have given our anxious thought to the arguments of the parties and are of the considered opinion that keeping in view the verdict of their Lordships of the Supreme Court of Pakistan, laid down in PLD 1974 SC 393, keeping various judgments of this Tribunal in view on the subject and also the letter of the learned I.-G. Police, Punjab, dated 4-3-1984 addressed to all the D.I.Gs./S.Ps. In which he expressed his explicit directions and impressed upon them that in cases of corruption, regular enquiry should be conducted; a regular enquiry should have been conducted in this case and the appellant has been punished without proving his guilt or otherwise.
8. In view of the above we are of the considered opinion that the appeal is liable to be accepted.
The impugned orders are set aside and the case is remanded to the authority to proceed afresh by way of holding a regular enquiry. The appellant is re-instated in service in order to clothe him with a status of a civil servant for enabling the authority to proceed against the appellant as mentioned above. The fate of the period for which the appellant remained out of service shall be decided by the authority after proceeding afresh as directed above.
There are no orders as to costs.
A. E.