Law:

Section:

North-West Frontier Province Police Servants (Efficiency and Discipline) Rules 1973-- ---S.5--North-West Frontier Province Service Tribunals Act (I of 1974), S. 4--­Compulsory retirement with retrospective effect--Police servant earlier dismisses: for embezzlement and his appeal against such dismissal was dismissed by Service. Tribunal--Police servant acquitted from criminal case by Court--Authority converted penalty of dismissal to penalty of compulsory retirement with retrospective effect from date of his dismissal--Order impugned in appeal-­Objection of respondent that after failure of first round of appeals police servant was barred to move the Tribunal held no ground in the wake of fresh order wherein his dismissal was converted into compulsory retirement--Authority having taken cognizance of the matter afresh Service Tribunal was not debarred to take action in the matter--Impugned order suffered from legal infirmity as compulsory retirement could not be retrospective from the date of dismissal-­Service Tribunal modified impugned order by ordering compulsory retirement from the specified date--Intervening period from date of his dismissal to the date of his compulsory retirement was to be treated as extraordinary leave without pay. Sanaullah Khan Gandapur for Appellant" Abdul Qayuum, Prosecuting Inspector for Respondents. Date of institution: 27th January, 1988. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Khuda Bakhsh has moved the Tribunal through the present appeal under section 4 of the Tribunals Act, 1974, against the impugned order dated 10-2-1987 passed by respondent No. 2 vide which he was compulsorily retired with retrospective effect from the date of his dismissal i.e. 18-8-1973 and against the order dated 3­1-1988 passed by the Provincial Government, denying the relief to him. According to the appellant he joined the Police Force as a Foot Constable on 7-1-1952 and was promoted as Head Constable. In 1964 he was posted as Cashier in Police Lines, D.I. Khan where he served efficiently and honestly. However, in 1972 when Mr. Mir Kazim Khan, Sub-Inspector was appointed as Lines Officer he submitted a wrong report to the then S.P. about…

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