Law:

Section:

North-West Frontier Province Police (Efficiency and Discipline) Rules, 1975- ---R. 6--North-West Frontier Province Service Tribunals Act (I of 1974), S. 4-- Police Officer--Dismissal from service on charges of corruption, malice and misconduct--No solid proof or material found against appellant except his cheque book and deposit of a substantial amount in Bank in his name--Prosecution has to prove its case beyond any reasonable doubt--Appellant's Bank deposit and his cheque book could not connect him with charges of corruption, malice and misconduct--In absence of any cogent evidence to connect the appellant with his Bank deposit; no case of misconduct was made out against him--Appellant's dismissal was set aside and he was reinstated in service. Atiq-ur-Rehman Qazi for Appellant. Public Prosecutor for Respondents. Date of hearing: 12th February, 1989. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).-Appellant has assailed the impugned order dated 29-3-1988 passed by respondent No. 2 vide which he was dismissed from service with immediate, effect. He was serving in the office of S.S.P., Peshawar at the relevant time when a case was registered against him and another vide F.I.R. No. 663 dated 10-9-1987 under section 419/420/468/471, P.P.C. at Police Station East Cantt. Peshawar. Together with it he was also proceeded against departmentally by respondent No. 2 who passed the dismissal order on 29-3-1988. His appeal to respondent No. 1 having not been answered within the statutory period of 90 days, he has moved this Court through the present appeal alleging therein that the impugned action was ultra vires of the rules and law, mala fide, beyond the competence/jurisdiction of the respondents and against the principles of natural justice and equity. According to the appellant he was transferred from the post of Licence Clerk a year before the impugned action and the deposit of Rs.97,000 in the Bank in his name would not in any way connect him with the malpractice, corruption and misconduct. Cheque Book, office stamps and blank copes recovered from one Fazal Muhammad, Constable in no way implead the appellant in the commission of the offence. There is no evidence…

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