Law:

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North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Dismissal from service--Superintendent of Police in capacity of competent Authority awarded major penalty to appellant same officer having been appointed to act as officiating Deputy Inspector-General of Police decided and rejected appeal of appellant in that capacity--Impugned order being illegal, appellant re­instated in service with all back benefits. Iqbal Hussain for Appellant. Date of institution: 7th April, 1987. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Zahir Shah was dismissed from service vide impugned order dated 8-10-1986 by respondent No. 1. He filed an appeal before the D.I.G. Police, Malakand Range, Saidu Sharif, Swat which was rejected by him vide order dated 16-12-1986 and his further appeal/ representation to the I.G. Police, NWFP, Peshawar was rejected on 2-3-1987 received by the appellant on 7-3-1987. According to him he was serving as Head Constable in Swat Police and was posted at P.S Ghaligi in Saidu Sub-Division. He took two accused to the Court on 20-7-1986 and produced one of them before the Court, while the other accused was kept by F.C. Mohammad Zahid and when he came out the accused Habib-ur-Rehman was missing and was informed by constable Mohammad Zahid that he left the accused un-attended and went to urinate himself and on his coming back he found him missing. He reported the matter of P.S Ghaligi against FIR No. 170/86. Later on accused Habib-ur-Rehman was arrested and he verified the statement of Mohammad Zahid Constable. Respondent No. 1, however, issued a show-cause notice to him which was replied but later on an enquiry was conducted and the Enquiry Officer recommended major punishment for the appellant which was announced by respondent No. 1 on 8-10-1986. Appellant filed an appeal and respondent No. 2 remanded the case to the Enquiry Officer per order dated 4-11-1986 to record the statement of the accused Habib-ur-Rehman. The Enquiry Officer then obtained the copy of the statement of accused Habib-ur-Rehman recorded under section 161, Cr.P.C. and submitted his report by exonerating the appellant from the charge. The said respondent…

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