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Sind Service Tribunals Act (XV of 1973)-- ---S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, R.4--Quantum of punishment--Police Officer imposed penalty of removal from service--Unblemished record of more than 33 years service--Lesser punishments imposed upon 2 other police officials, co-accused sharing alleged responsibility of charge--Authorised Officer recommending penalty of compulsory retirement and not outright removal--Service Tribunal taking into consideration such facts and further impressed by old age of appellant with two families to support (family of his deceased brother a police official killed while on duty also depending upon him)--Held, a fit case in which leniency be shown in awarding punishment--Tribunal converting impugned penalty of removal from service to that of compulsory retirement. Manzoor Ali Khan for Appellant. Abdul Ghafoor Mangi A.A.-G. for the Government. Date of hearing: 7th April, 1987. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This appeal is directed against the order of the Secretary to Government of Sind, Home Department, dated 22-12-1983 whereby the appellant Malik Wazir Muhammad who was then working as D.S.P. was removed from service. This case arose from the police encounter arranged for arrest of notorious decoit Paroo Chandio. Although the information about the presence of the said decoit in the village raided by the police turned out to be incorrect, a number of persons were killed and injured as a result of exchange of firing between the police party led by the appellant and the villagers. The appellant was amongst the injured persons. Enquiry was ordered to be made under M.L.O.19 for the purpose of fixing the responsibility for the failure of the police operation. As per recommendations submitted on conclusion of the enquiry, the appellant and two other police officers namely Ghulam Qadir Abro, S.I. and Muhammad Arif Udho, A.S.I. were held responsible. Disciplinary action was taken against all the three of them under Sind Civil Servants (Efficiency and Discipline) Rules, 1973. Although the appellant was removed from service the other two were visited with lesser penalties. The appellant after availing…

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