GOVERNMENT OF N.W.F.P. through I.G.P. and others vs Mst. TASLEEM
This matter concerns a petition for leave to appeal against a judgment of the N.-W.F.P. Service Tribunal, which had set aside the discharge of a lady police constable from service. The respondent, having served only four months, was discharged following a complaint and an unsatisfactory response to a show-cause notice. The petitioners, representing the Government of N.W.F.P., challenged the Tribunal's decision, arguing that the competent authority possessed the legal power to discharge the respondent under Police Rule 12.21, notwithstanding that proceedings had been initiated under the Police Rules, 1975. The petitioners contended that Police Rule 12.21 is specifically applicable to police officers with less than three years of service, thereby permitting discharge without the necessity of full disciplinary proceedings. The Supreme Court, finding merit in the question of whether the initiation of proceedings under the Police Rules, 1975, precludes the application of Police Rule 12.21 for an officer with less than three years of service, granted leave to appeal to examine the scope and interplay of these provisions.
- Does the initiation of proceedings under the Police Rules, 1975, bar the competent authority from passing an order of discharge under Police Rule 12.21?
- Is Police Rule 12.21 applicable to police officers with less than three years of service regardless of other ongoing disciplinary processes?
- Police Rule 12.21, Police Rules 1934
- Police Rules 1975
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of the N.- W.F.P. Service Tribunal, dated 11-8-1988.
2. The respondent was a lady police constable who had only put in four months service. During this period a complaint was received by her superiors against her conduct. This complaint was confirmed by the Incharge Women Police. She was served with a show-cause notice. The reply to the show-cause notice was found unsatisfactory and thereafter she was discharged from service.
' She then approached the Service Tribunal by way of an appeal which was allowed through the impugned judgment.
3. We have heard the learned counsel for the petitioners. The only ground stressed by him was that there was no bar under the law on the Authority to pass order under Police Rule 12.21 after initiating proceedings under Police Rules, 1975, as Police Rule 12.21 applies to those police officers who bear service of less than three years. Reliance in this respect was placed on Abdul Karim v. West Pakistan Province (PLD 1956 SC 298).
3-A. To consider the question raised above, leave is granted.