1987 PLP 1435 (SCMR)

SAAD SAOOD JAN, J.‑‑ This is a petition for special leave to appeal from the order dated 18‑9‑ 1979 of the Punjab Service Tribunal whereby the order dismissing the respondent from service was set aside.

2. The respondent joined service in the police force of the Old Bahawalpur State. On the creation of the Province of West Pakistan he became a member of the police force of the new Province. On 13‑11‑1968 he alongwith three other constables was detailed to look after the railway bridge at Adamwan. A senior police officer made a surprise check and found that the respondent and the other constables were absent and their arms were lying unguarded. Consequently, disciplinary proceedings were taken against him and the other constables. After an inquiry the Superintendent of Police, Bahawalpur directed that his ten years service be forfeited and his pay be reduced. One of the other constables who was similarly punished preferred an appeal before the Deputy Inspector General of Police who suo motu issued a notice to the respondent why his punishment should not be enhanced. After giving him an opportunity of being heard he dismissed the respondent from service. The respondent filed a mercy petition before the Inspector‑General of Police but without any success. He then lodged an appeal with the Punjab Service Tribunal.

3. The Punjab Service Tribunal held that the respondent was governed by the police rules which were in force in the old Bahawalpur State and under those rules there was no provision whereby the Deputy Inspector General could enhance the punishment imposed upon a police officer by a lower authority. Accordingly, it accepted the appeal, set aside the order of the Deputy Inspector General and restored the penalty awarded to the respondent by the Superintendent of Police.

4. In support of this petition it is contended on behalf of the petitioners that after joining the police force of the new Province the respondent had in preference to the rules in force in Bahawalpur State voluntarily adopted the rules applicable in the old Province of Punjab. This was an option freely exercised by him. Under the Police Rules applicable to the old Province of the Punjab the Deputy Inspector General had the power to enhance the punishment awarded to a police officer by a lower authority. In the circumstances the Punjab Service Tribunal erred in holding that the order of the Deputy Inspector General enhancing the punishment earlier awarded to the respondent was without jurisdiction.

5. The contention raised on behalf of the petitioners needs examination. Leave to appeal is accordingly granted. The appeal should be made ready for hearing on the present record with permission to the parties to file additional documents, if any. M.I./S‑37/S Leave granted.