Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- --- S. 4---Appeal against dismissal on account of disciplinary proceeding-Findings of departmental enquiry based upon affidavits of eye-witnesses-Witnesses neither appearing in enquiry proceedings nor put to cross-examination by accused-Witnesses, in circumstances, summoned and examined by Tribunal disowning fact of having given any affidavit and contrarily supporting defence plea of accused­ Dismissal order, in circumstances, set aside and appeal for reinstate­ment accepted with costs fixed at Rs. 100. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-This appeal is directed against the order of Superintendent of Police, Sahiwal, dated 17-2-1975 dismissing the appellant from service, and the order of Deputy Inspector-General of Police, Multan Range, dated 10-10-1975, rejecting his appeal against the same. The appellant is also aggrieved by the order of the Inspector-General of Police, Punjab, dated 30-12-1975, rejecting his Mercy Petition against the afore­said two orders. The allegations against the appellant were that he arrested one Muhammad Sadiq, a private servant of Ch. Shamim Ahmed, Advocate of Sahiwal, on 18-5-1974 and complanted the recovery and unlicensed pistol and one live and one missed cartridge on him and registered falsely a case against him vide F. I. R. No. 174 at Police Station `A' Division, Sahiwal under section 13 of the West Pakistan Arms Act, 1965. Initially, a preliminary enquiry was conducted against the appellant under the orders of the I. G. Police, by the Deputy Superintendent of Police (Headquarters), Sahiwal, who found the allegations against the appellant true. It may be pertinent to point out that during the course of enquiry, Hamad Ali and Muhammad Aslam the eye-witnesses to the recovery of pistol and cartridges from Muhammad Sadiq aforesaid, disowned their statements made under section 161, C. P. C. in the criminal case against Muhammad Sadiq. Subsequently, a formal enquiry was conducted by Mr. Baqar Ali Shah P. I. (Headquarters) Sahiwal, who recorded the statements of P. W. 1 Awais Bakhsh. Station House Officer, Police Station Shahkot Ch. Shaminm Ahmad Advocate, Raja Aurangzeb Khan. Deputy…

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