Law:

Section:

MUHAMMAD KHURSHID KHAN (CHAIRMAN).--The facts giving rise to appeal may shortly be stated thus :-   The appellant Abdul Kabir, Assistant Sub-Inspector Police, while posted as Law Instructor, Police Training School, Hangu, was issued a charge-sheet on 9th August, 1978, by the Principal, Police Training School, Hangu, as being "authority" under the Police Rules, 1975 (hereinafter referred to as the Rules). He was charged for misconduct for his unautho rised occupation of the house owned by one Haji Rahimullah of Village Nawa Killi, Tehsil Swabi. The charge was communicated to the appel lant together with statement of the allegations explaining the charge and other relevant circumstances proposed to be taken into consideration.   The appellant submitted his reply controverting the allegation contained in the charge-sheet, claiming on the other hand that he was innocent. Feeling not satisfied with the reply so submitted, the "authority" decided to have the departmental inquiry conducted through an Inquiry Officer, Mr. Qayyum Jan, Prosecuting Sub-Inspector, was appointed as an Inquiry officer to hold an inquiry against the appellant in respect of the charge against him. Mr. Qayyum Jan, thereupon held a detailed inquiry in the matter and after examining all the necessary evidence came to the conclusion that the house in question had been given on monthly rent of Rs. 100 to the appellant by its owner Haji Rahimullah but the appellant was neither paying rent to the owner nor was he prepared to vacate the house. The inquiry report was submitted to, and placed before, the authority, who, while agreeing with the findings of the Inquiry Officer, ordered the reversion of the appellant from the officiating rank of an Assistant Sub-Inspector and his reduction to a lower stage in the time scale of pay as Head Constable for a period of three years without any cumu lative effect, vide order dated 7th May, 1979. Aggrieved of the said order, the appellant, on the 6th of June, 1979 , submitted an appeal to the Deputy Inspector-General of Police, Peshawar Range, Peshawar.   Another inquiry against the appellant was also ordered by the Principal,…