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Civil Petition for Leave to Appeal No. 1170 of 1981, decided on 6th February, 1983.
(Against the judgment and‑ order of the Punjab Service Tribunal dated 26th October, 1981 in Appeal No, 583 of 1980).
‑‑ Art. 212 (3) read with Punjab Police (Efficiency and Discipline., Rules; 1975, r. 6 (3), (4)‑Inquiry procedure‑Service Tribune, holding that on charge of corruption regular inquiry was a must by appointing Inquiry Officer under r. 6 (4) and that shorter summary procedure prescribed in r. 6 (3) could not be adopted in such case‑Held, decision of Tribunal, if given effect to r. 6 (3) would become redundant and inapplicable in all cases of cor ruption and hence such decision raises a question of law of public importance‑Leave to appeal granted.‑[Civil services].
Muhammad Abdullah Bajwa, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Respondent
Ch. Mehdi Khan Mehtab for Respondent.
Date of hearing : 6th February, 1983.
The petitioners seek' leave to appeal. under Article 212 (3) of the Constitution against the judgment of the Punjab Service Tribunal dated 26th October, 1981 whereby the departmental punishment of dismissal passed on 1st March, 1980 against the respon dent was set aside.
There was an allegation against the respondent of having received illegal gratification on the. 5th of January, 1980 at about 3 p. m. while he was performing duties of a traffic constable. He was given a show‑cause notice to which he submitted a reply. The Superintendent of Police who was the competent authority proceeded against him under rule 6, sub‑rule (3) of the Efficiency and Discipline Rules and after examining the allegations in the light of the reply submitted by the respondent held him guilty and punished him. His departmental appeal also failed. The respondent then appealed to the Tribunal and succeeded.
The Tribunal has held on a question of law that whenever a charge of corruption is made regular inquiry is must by appointing an Inquiry Officer under rule 6 (4) of the Punjab Police Efficiency and Discipline Rules. The shorter summary procedure prescribed in rule 6 (3) cannot be adopted for concluding such an inquiry.
We consider that the question of law decided by the Tribunal and the decision do raise a question of law of public importance, for if it is given full effect, rule 6 (3) of the Punjab Police (Efficiency and Discipline) Rules would become redundant and inapplicable in all cases of corruption. Leave to appeal is therefore granted. The impugned order of the Service Tribunal is suspended meanwhile and early hearing of the matter is directed on the present record with liberty to the parties to file such additional documents as are considered necessary.
Leave granted.
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