1988 PLP (C (PLC(CS))

MIAN FAIZ KARIM (MEMBER). Faqir Muhammad A.S.I. has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order dated 11-8-1985 passed by D.I.G. Police, Lahore Range vide which the appellant Faqir Muhammad and others police officials were proceeded against on grounds of illegal acts and misuse of official position for ulterior motives and furthermore the appellant Faqir Muhammad was reverted to his substantive rank of A.S.I. The appellant Faqir Muhammad impleaded the Superintendent of Police, D.I.G. Lahore Range and I.G. of Police, Punjab as respondents (Nos.l, 2 & 3). Through this appeal the appellant has prayed that the impugned orders may be set aside and the appellant be reinstated in the service.

2. The facts of the case are that:- "The enquiry conducted by the A./D.I.G., Lahore under the orders of the D. I. G. revealed that S. I. Faqir Muhammad No.35/L while posted to CIA Staff Okara went to village Shah Yaka P.S. Depalpur on 14-7-1985 alongwith a police posse and recovered 70 grams of opium from one Muhammad Ashique Dogar and formally arrested him for further recovery of opium on his pointing out. The enquiry report also revealed that the delinquent officer proceeded to the house of said accused without joining the respectables of the locality as required under section 103, Cr P C . In the way one Muhammad Tufail Dogar and 5 others succeeded in getting Muhammad Ashique accused released from the cusody of S.I. Faqir Muhammad and also extended threats to police party. Case F.I.R.No.253/85 u/s 3/4 Prohibition Order and 506/186, PPC was registered at P.S. Depalpur on complaint of S.I. Faqir Muhammad. On the night of 14/15-7-85, S.I. Faqir Muhammad alongwith a police contingent again raided the house of said Muhammad Tufail Dogar and took into possession his 14 cattle heads suspected to be stolen property, while seizing the cattle the S.I. did not join the respectable of the locality as required under the law and instead planted two recovery witnesses of his choice from Depalpur and Noor Shah District, Sahiwal. Against this high handedness said Muhammad Tufail Dogar involved Writ jurisdiction of the High Court for seeking bail and release of his cattle. S.I. Faqir Muhammad got annoyed and distributed 13 cattle heads allegedly seized as suspected stolen property to the persons of his choice and falsely registered four cases FIR Nos.268/85, 291/85, 293/85 and 297/85 U/S 411, PPC against Muhammad Ashiq and Abdur Razaq son of Muhammad Tufail Dogar. The complainants of these four cases were bogus and were given the seized cattle on superdari to these bogus complainants by misusing his official position. S.I. Faqir Muhammad was reverted from the offg: rank of S.I. to that of his substantive rank of A.S.I. by the D.I.G. Lahore Range, Lahore on receipt of enquiry report."

3. Aggrieved by the impugned order the appellant filed the departmental appeal to the I.G. Police, Punjab Lahore and since no decision was made within ninety days, therefore, the appellant filed the instant appeal before the Punjab Service Tribunal.

4. At the time of the arguments the learned counsel for the appellant contended that the appellant was not given chance to defend himself against the specific allegations of illegal acts and misuse of official position. The learned counsel for the appellant added that the appellant was not subjected to the regular enquiry before passing the impugned orders of his reversion and instead was dealt in ex parte manner. The learned counsel for the appellant further stated that reversion of the appellant was not in a routine manner without indicating any stigma and instead he was reverted on grounds of specific allegations but without any show-cause notice or charge-sheet. The learned counsel for the appellant stressed that the impugned orders were also against the instructions of the I. G. Police dated 24-10-85 (copy at Annexure 'C' of the appeal), in which it was due to exigencies of service. The learned counsel for the appellant concluded his arguments while stating that the appellant was not given any chance for personal hearing and it was harsh that he should be abruptly reverted after working as Sub-Inspector for 5 years.

5. The learned District Attorney opposed the appeal an enquiry against the appellant in which the necessary witnesses were examined. The learned District Attorney added that the participation of the appellant in the enquiry was not necessary. The learned District Attorney further stated that the reversion of the appellant did not fall within the scope of punishment vide Rule 4 (2) (b) of the Punjab Police (E & D) Rules, 1975. The learned District Attorney closed the arguments while stating that the impugned order was justified.

6. We have carefully considered the point so raised by the learned counsel for the appellant and the learned District Attorney. We have also consulted the relevant record including the departmental written objections. We are of the considered opinion that the appellant Faqir Muhammad was reverted on grounds of specific allegations of illegal acts and abuse of power and in such a situation proper proceedings under the Punjab Police (Efficiency & Discipline) Rules, 1975 preferably by holding a regular enquiry should have been conducted. Intead the appellant was not charge-sheeted and regular enquiry was not conducted against him but in the so called enquiry conducted under the orders of the D.I.G. by A/D.I.G. was ex parte. The worst case is that the appellant was neither given the show-cause notice nor any opportunity of personal hearing. Beside that the impugned orders are also inconsistent with the instructions of I.G. Punjab Police. As such the impugned order of the respondents is against the principles of natural justice.

7. Hence the appeal is accepted and the impugned order is set aside. The appellant to be reinstated as S.I. with effect from the date of reversion. A. E. /73/Sr.P Appeal accepted.