Law:

Section:

(i) Pakistan Prision Rules-- ----R. 341--Constitution of Pakistan, 1973, Art. 185(3)--Jail manual--Duty of Warder and Head Warder--It is the duty of warder to personally watch the cell of prisoner but door must be opened in his presence and similarly Head Warder is bound to visit the cell occupied by a condemned prisoner and in case of any suspicion, he shall report the matter to Deputy Superintendent jail. [P. 270] A (ii) NWFP Service Tribunal Act, 1974-- ----S. 7--Jurisdiction of Service Tribunal--Modifications and variation of an order--Tribunal may in its discretion in a suitable cases which the quantum of punishment does not commensurate with the charge, modify the penalty in the light of nature of charge but in the cases of extreme negligence and gross misconduct, the alteration of punishment of dismissal from service into reduction in time scale may not be justified as the retention of an irresponsible person in the sensitive service of jail department, would be against the policy of administrative law. [P. 272] B Judgment Muhammad Nawaz Abbasi, J.--These connected appeals by leave of the Court have been directed against the judgments dated 7.6.2003 passed by NWFP Service Tribunal Peshawar, in the separate appeals filed by the respondents challenging the legality of the penalty of dismissal from service imposed upon them by the competent authority. These appeals, alongwith the connected petitions filed by the respondents, against the same judgments are proposed to be disposed of through this single judgment. 2. Leave was granted in these appeals vide order dated 13.5.2001 as under:-- "Syed Jaffar Shah, Maqsood Ahmad, Taj Gohar and Muhammad Sardar, respondents while serving as Assistant Superintendent, Head Warder, Deputy Superintendent acting as Superintendent and Warder of Abbottabad Jail, respectively were subjected to disciplinary proceeding under the NWFP Removal from Service(Special Powers) Ordinance, 2000 for facilitating escape of three condemned prisoners and one dangerous under-trial prisoner inter alia catering for an abandoned ladder and a smuggled pistol, culminating into imposition of major of major penalty of dismissal from service on…

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