Law:

Section:

Civil service--- ----Police official---Dismissal from service---Wilful absence from duty for a period of six months and three days---Service Tribunal considering penalty of dismissal from service imposed upon respondent to be too harsh a penalty modified the same to withholding of two increments for a period of two years and absence period was treated as leave of kind due---Legality---Tribunal had not taken trouble of examining or making any observations regarding the parameters of imposition of major and minor penalties, and circumstances under which such penalties were to be imposed and what law governed the imposition of such penalties---Whimsically stating that the punishment was harsh could not be made basis by the Tribunal to modify the penalty imposed by the competent authority---Tribunal while modifying the penalty had not acted in accordance with law, in that, no law in such regard whatsoever was cited by him---Tribunal by interfering with the penalty imposed by the department had exceeded from its jurisdiction more so when the respondent was employed in a disciplined force where he could not have remained absent from duty for a long period of 06 months and 03 days---Impugned passed by the Tribunal suffered from illegality and was unsustainable in the eyes of law, therefore the same was set aside, and the penalty of dismissal from service imposed upon the respondent was restored---Appeal was allowed. ORDER GULZAR AHMED, CJ---We have heard the learned Additional Advocate General, Khyber Pakhtunkhwa as well as learned ASC for the Respondent and have gone through the material available on record. The Respondent was employed as a Police Constable in the Police Department, Khyber Pakhtunkhwa. He was issued a charge sheet along with statement of allegations. An Inquiry Officer was appointed to inquire into the allegations levelled against the Respondent. Despite successive notices issued to the Respondent, he did not appear before the Inquiry Officer. Although, the Respondent was informed through mobile phone to appear before the Inquiry Officer, but he avoided attending the inquiry proceedings. The Inquiry Officer recommended that a major penalty of…

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