2008 PLP (C (PLC(CS))

K.B. ABID (MEMBER-III)--Brief facts of the case are that the appellant Athar Naveed of Bahawalpur was issued a Show-Cause Notice that while undergoing BEC-VII at Elite Police Training School, Bedian Road, Lahore he had been found guilty of misconduct on the following grounds which amounts to stern disciplinary action under the PRSO, 2000:

"The R.I. Training of Elite Police Training School, Bedian Road, Lahore has reported that you have been found absent from your duty from 15-9-2003 onward without seeking lawful permission by the Competent Authority. Hence, you are liable for stern disciplinary action."

2. The appellant submitted reply to the Show-Cause Notice and stated that he had proceeded on 2 days' causal leave on 12-9-2003. During journey, he felt acute pain in the back which rendered him incapacitated to move. The appellant had recorded Report No.9, dated 13-9-2003 in the Roznamcha of P.S. Sadar Bahawalpur to this effect and went to the Police Lines Hospital Bahawalpur for treatment. The Medical Officer gave him necessary treatment, recommended two days bed rest and referred him to the B. V. Hospital Bahawalpur for further treatment. As per outdoor patient ticker No.6474, dated 13-9-2003, he was admitted in Medical IV Ward as indoor patient and was subjected several tests/X-ray etc. After this he was referred to Neuro Surgeon who diagnosed it as back ache sciatica. The appellant along with copy of the Hospital admission slip had informed about his treatment in hospital. The appellant had submitted application for leave on account of illness. In this way he claimed that he is not guilty of the charge. The Commandant Elite Police Training School after perusal of the record and his written statement concluded that the reason of the absence is not satisfactory. The penalty of reduction in pay by three stages was awarded to appellant. The departmental representation was filed before the D.I.-G. Police, Bahawalpur. The appellant was called for personal hearing in Orderly Room on 19-4-2006. The D.I.-G. Police Bahawalpur observed that the reason of absence is afterthought. In case he was actually ill, he should have availed medical facility after obtaining docket. The departmental representation was rejected on 20-4-2006.

3. Aggrieved by the orders of Commandant Elite Police Training School, Bedian Road, Lahore and D.I.-G. Police Bahawalpur, the service appeal has been filed in P.S.T. under section 4 of P.S.T. Act, 1974.

4. Learned counsel for the appellant has argued that the appellant has been penalized as a result of summary procedure without issuing of charge-sheet as well as without holding a proper inquiry under section 5 of Punjab Removal from Service Ordinance, 2000. There was no sufficient reason for dispensing with the inquiry and adopting summary procedure. The Appointing Authority of the appellant is D.P.O. Bahawalpur. The action against the appellant initiated by respondent No.3 is contrary to the law. In addition to penalty of reduction in pay by three stages, the period of absence has been treated as without pay. The appellant had fallen ill and remained in B.V. Hospital as indoor patient. The appellant had applied for medical leave and also kept informed the respondent No.3 for his ailment. The respondent No.3 had not considered this fact.

5. The respondents have opposed and stated that the appellant had absented himself from the duty and no intimation was given to the Authority. The period of absence is from 15-9-2003 to 17-10-2003. In view of this misconduct, the disciplinary proceedings were started under RSO-2000. The appellant was undergoing basic Elite Training Course at Bedian Road, Lahore. The punishment was awarded by Commandant Elite Police, Lahore. The appellant was given the opportunity of personal hearing but he could not explain his defence.

6. Arguments of the counsel heard, record perused. The appellant had committed misconduct while undergoing his basic Elite Police Training Course. The Commandant Elite Police Training School was the Competent Authority to take action against him. The next authority to consider the appeal against the orders of Commandant Elite Police Training School was the D.I.-G. Elite Police Training School, Bedian Road, Lahore. But in this particular case, the appeal has been considered by D.I.-G. Police Bahawalpur Range. The departmental representation should have been presented to the D.I-G. Police Elite Training School Bedian Road, Lahore instead of D.I.-G. Police Bahawalpur Range. The orders dated 20-4-2006 of D.I.-G. Police Bahawalpur are set aside. The departmental representation dated 31-10-2003 filed by appellant shall be deemed to be pending with the D.I.-G. Police Elite Training School Bedian Road, Lahore and he will decide the departmental representation within the period of 30 days. The appellant is directed to approach D.I.-G. Elite Police Training School Lahore after receiving this order. With these orders, the appeal is disposed of. However, if the appellant feels aggrieved by the orders of D.I.-G. Police Elite Training School, he can file another service appeal before the P.S.T. with these orders, the appeal is disposed of. H.B.T./44/PST???????????????????????????????????????????????????????????????????????? Order accordingly.