| Citation(s) |
|---|
| 2015 SLG 3107 2015 SLD 3107 2015 PLC 1357 |
Sindh High Court
C.P. No. D-5335 of 2013, decided on 9th December, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Abdul Salam Memon for Petitioner. Abdul Sadiq Tanoli Standing Counsel. Muhammad Saad Siddiqui for
Respondent
C.P. No. D-5335 of 2013, decided on 9th December, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Abdul Salam Memon for Petitioner. Abdul Sadiq Tanoli Standing Counsel. Muhammad Saad Siddiqui for
Respondent
KHALIL AHMED AWAN
VS
SECRETARY, MINISTRY OF INTERIOR and another
Law:
Section:
Pakistan Rangers Ordinance (XIV of 1959)---- ----S. 15---Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, R.4--- Constitution of Pakistan, Art.199--- Constitutional petition---Dismissal from service---Concealing of facts---Petitioner was an employee of Rangers who was dismissed from service and his appeal was pending before Service Tribunal---Three years after filing of appeal before Service Tribunal, Authority decided departmental appeal in favour of petitioner---Validity---Authority who decided departmental appeal was not the appellate authority as such order passed by him besides being without jurisdiction and illegal could not be implemented muchless when petitioner had come to High Court with unclean hands---Petitioner had concealed factum of filing of service appeal before Service Tribunal, therefore, he was not entitled for any relief on account of his unclean conduct---High Court allowed petitioner to approach competent forum by way of filing departmental appeal which would be decided on merits strictly in accordance with law after affording a fair opportunity of hearing to petitioner---Petition was dismissed accordingly. ORDER Petitioner was serving in Pakistan Rangers as Naike since, 1988. During his posting as Deputy Superintendent Rangers (DSR) in Delta Company in 2008, he was posted at Tibba. The petitioner was charge sheeted by the Deputy Director General Pakistan Rangers (Sindh) under section 15(1) of Pakistan Rangers Ordinance, 1959 read with Rule 4 of Pakistan Rangers (Efficiency, Discipline and Appeal Rules, 1967) on 26-10-2010 which is reproduced as under:--- Misconduct in his capacity as a member of the Force, in that he 1st Charge While serving in 72 Wing Indus Rangers Hathungo and performing duty as Delta Company Commander with effect from 26 December, 2008 to 10 July, 2010, established links and developed relations with notorious smugglers/border crossers willingly and willfully. 2nd Charge While serving 72 Wing Indus Rangers Hathungo and performing duty as Delta Company Commander with effect from 26 December, 2008 to 10 July, 2010, passed information to civilian Ali Khan Ansar, a border crosser about movement of senior…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492