Law:

Section:

Sind Service Tribunals Act (XV of 1973)--- --- Ss. 4 & 5-Government servant - Dismissal - Appeal-Evidence against accused official not only false but concocted and completely discrepant on material aspect of case-Enquiry Officer giving detailed reasons for holding official not guilty-Even officer holding preliminary inquiry finding allegation against appellant to be false Departmental Appellate Authority not applying its independent mind but passing order after consulting dismissing authority and incorrectly stating Inspector holding preliminary inquiry having found ailegations to be correct-Appeal allowed and appellant re-instated. ORDER GHULAM RASOOL SHAIKH (CHAIRMAN): This appeal has been filed against the order of dismissal passed by the Superintendent of Police, Larkana and confirmed by the Deputy Inspector-General of Police in appeal. The appellant was Head Constable posted at Larkana on 15-1-1976 he was charge-sheeted that on 24-7-1975 he had taken Mst. Darya Khatoon daughter of Muhammad Ramzan who was related to him, to his quarter in the police lines and attempted to commit rape upon her. This charge-sheet was based on the preliminary enquiry held in pursuance of the complaint made by the woman. He submitted an explanation refuting the allegations. Enquiry Officer was appointed and enquiry was held. The Enquiry Officer made a report that the allegations made against the appellant had not been established and false accusation has been made against him on account of the old enmity. The S. P. however, did not agree with the finding and entertained the view that the accusation had been established. He stated that the allegation was fully supported by the witnesses. On the basis of his opinion he dismissed the appellant from service. An appeal was filed to the D. I.-G. but it was also dismissed. Consequently the present appeal was filed. On perusal of the record and proceedings and hearing the…

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