Law:

Section:

JUDGMENT MOAZZAM HAYAT (MEMBER).--- Appellant Sohail Khan is an operator Constable in Islamabad Territory Police. On 5-10-2010 a show-cause notice was issued to him under the 1975 Police E&D Rules. The charges against him were:--- "(a) He while deployed as operator with a senior officer refused to obey the orders and to perform the official duty vides daily diary No.4 dated 4-10-2010. (b) He left the official duty without any intimation or lawful A permission of the officer. (c) Previously he was involved in such immoral activities, as once he opened the fire of official Pisiol during official duty. (d.) Besides this many times he hesitated to obey the orders of seniors, which shows his ill mentality, disobedient, irresponsible and indiscipline attitude." 2. He submitted is reply to the show-cause notice. Personal hearing was granted to him on 14-10-2010. On 15-10-2010 he was awarded penalty of forfeiture of two years approved service. His departmental appeal dated 28-10-2010 was rejected on 31-12-2010. 3. According to the appellant on 13-9-2010 Ms. Halena lqbal Saeed had directed him to go with her to NIPA where she had gone for training. He was taken there for 15 days only but had to remain there for 25 days. Due to an emergency he requested other operator by the name of Mr; Babar to replace him. However, reader Shafiq insisted the appellant to continue. It is maintained by the appellant that after giving necessary information to Ms. Halena Iqbal Saeed he reported to Islamabad and in his place Mr. Babar, operator went to Lahore. As regard the other charges relating to firing from pistol, it is submitted byhim that he has already been dealt with by the Superintendent of Police vide his order dated 18-11-2009. 4. According to the respondents the appellant had left duty without permission vide Daily Dairy No.4 dated 4-10-2010, therefore, he was awarded penalty of forfeiture strictly with rules. 5. We have heard the learned counsel for the appellant and departmental representative of respondents. The record has also been perused by us. 6. The first argument of the appellant is that he could not be awarded penalty of forfeiture of approved service. This.…

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