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1989 PLC (C.S.) 537

MUHAMMAD IQBAL vs SUPERINTENDENT OF POLICE, MIANWALI and another

Citation1989 PLC (C.S.) 537
CourtPunjab Service Tribunal
Case No.Appeal No, 909/434 of 1987
Date1988-10-20
Judge(s)Kh. Muhammad Yousaf
ResultAppeal partly accepted

' KH. MUHAMMAD YOUSAF (MEMBER).--Muhammad Iqbal, Ex-Constable No, 517 of District Mianwali has filed the present appeal under section 4 of the Punjab Service Tribunals Act, 1974, and has irnpleaded the Superintendent of Police, Mianwali and the Deputy Inspector-General of Police, Sargodha Range, Sargodha as respondents.

2. By virtue of the present appeal the appellant has impugned order dated 8-8-1987 passed by the Superintendent of Police, Mianwali, removing him from service and upheld in appeal by the D.I.-G.

Sargodha Range, Sargodha vide his order dated 27-10-1987.

3. Briefly stated the facts of the case are that the appellant while posted at Police Station Wan Bhachran was detailed by A.S.I. Gul Muhammad vide D.D. No, 8, dated 14-6-1987 to produce the dependents of an application submitted by Mst. Hayat Bibi and while on way he stopped one motor-cyclist namely Aslam Khan son of Behram Khan from whom he received Rs,200 as bribe which is a misconduct on the part of the appellant. Consequently the appellant was removed from service w,e,f, 1-8-1987 vide order dated 8-8-1987 passed by the Superintendent of Police, Mianwali.

The appellant preferred an appeal to the D.I.-G. Sargodha Range, Sargodha which too was dismissed vide his order dated 27-10-1987. The appellant then filed the present appeal on 22-11- 1987 before this Tribunal.

4. We have made deep appraisal of the entire record and attendant circumstances of the case.

The appellant was punished on the same charge accepting Rs,200 and removed from service whereas his co-accused Constable Ali Muhammad No, 339 of Mianwali District was imposed a minor penalty a fine of Rs,300 on the same offence. The impugned order is discriminatory. We also impose the same punishment to the appellant a fine of Rs,300.

5. The upshot of the above discussion is that the appeal of the appellant is partially accepted and the impugned orders are set aside. Intervening period will be treated as an extraordinary leave without pay. There will be no order as to costs.

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