Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)- ---S.4--Dismissal for misconduct--Record showing that appellant was a habitual absentee--Standard of proof of a criminal case is distinguishable from the standard in a departmental enquiry because before Enquiry Officer reputation of a Government employee is also a material factor in determining charges against him--Charge of sodomy not proved against appellant because victim of offence did not appear before Enquiry Officer to substantiate the allegation--Appellant a young person, having rendered 12/13 years' service and a family man-­Keeping into consideration the said factors, punishment of dismissed from service altered to that of compulsory retirement. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Amir Ghani was dismissed from service as a constable vide impugned order dated 9-2-1987 and after availing the remedy of departmental appeal unsuccessfully he has knocked at the doors of the Tribunal to seek his redress, alleging therein that he was recruited as a Foot Constable in 1975 and he alongwith his colleague Mir Abbas constable was kidnapped on 13-3-1986 by one Faizullah S/o Abdullah Jan. When both were later on recovered, instead of proceeding against the said Faizullah an influential person; they were suspended. A show-cause notice was issued to the appellant resulting in the preliminary enquiry and then after framing the charge-sheet and summary of allegations the enquiry was conducted in which the impugned action was recommended by the Enquiry Officer which was acted upon by respondent No.l and also in appeal by the respondent No.l. lie challenged the same as illegal, without jurisdiction, in contravention of the law and rules and not binding upon him. Respondents submitted the written statement, denying the allegations, the record was perused and in the light of the arguments the appeal is decided as under: Learned counsel for the appellant argued that the Enquiry Officer has taken into consideration the irrelevant facts while making the recommendation against the appellant. The charge of the commission of sodomy by the appellant with a beautiful boy was not proved and the…

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