Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--North-Wcst Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, R. 10--Police Rules, 1934, Rr. 16.1 & 16.28--Compulsory retirement--Complainant stated before Enquiry Officer, that he had not made any complaint against Civil Servant anti denied to have written same--Enquiry not conducted properly--Penalty imposed, held, wits invalid in circumstances. (b) Police Rules: 1934- ---Rr. 16.1 & 16.28--Suo motu enhancement of punishment under Rr. 16.1 & 16.28 while hearing appeal of accomplice was declared to be illegal, ultra vires and without jurisdiction, as said Rules had been repealed by North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-­Employee ordered to be reinstated in service and intervening period to be treated as leave without pay. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant filed the present appeal against respondent No. 1's order dated 29-6-10:8 vide which the departmental appeal of the appellant against his compulsory retirement dated 13-5-1987 passed by respondent No. 2 was rejected. According to him he was serving as Head Constable under respondent No. 3 when one Shahid Hussain preferred an application on 21-6-1986 (actually the date was 23-6-1986) to the Deputy Superintendent of Police, Saddar D.I. Khan containing the complaint of receipt of Rs.2,000 from him by the appellant on 17-6-1986 at evening time. Although per daily diary of Police Station Cantt. D.I. Khan, the appellant was in Peshawar on 17-6-1986 which fact was corroborated by the statement of Mr. Inayat Ali Shah, Sub-Inspector dated 14-10-1986. Even the complainant stated before the Enquiry Officer on 4-10-1986 that he had not made any complaint against the appellant and denied to have written the same. The allegation against the appellant was that he caught red-­handed a prostitute girl in studios alongwith the complainant and let them free on receipt of Rs.2,000 as illegal gratification. The enquiry was not conducted properly. Anyhow respondent No. 3 inflicted upon him the minor penalty but the strange thing was that…

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