Law:

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Constitution of Pakistan (1973)-------Art.212(3)---Penalty for misconduct---Forfeiture of two years approved service---Civil servant's departmental appeal and appeal before Service Tribunal remaining unsuccessful-- -Service Tribunal had threadbare gone into the question of civil servant's misconduct and Supreme Court found no good reason to differ from the opinion arrived at by the Tribunal---No substantial question of public importance having arisen in petition, leave to appeal was refused. ORDER RUSTAM S. SIDHWA, J.---This is a petition filed by Safdar Hussain, petitioner, seeking leave to appeal against the decision of the Punjab Service Tribunal, Lahore, dated 7-10-1987 dismissing the appeal of the petitioner. 2. The brief facts of the case arc that Safdar Hussain S.I., petitioner, was posted as S.H.O., Police Station Naushera, District Khushab, in the year 1985. On 2-11-1985 a young girl Mst. Zatoon aged 10 years was raped by one Mumtaz. When the respectables of the town came to the police station on the same day at about 4-30 p.m. and reported the matter to the petitioner in the presence of the Addl. S.H.O. of the police station, they were referred to Civil Hospital, Khushab, without a case being registered against the accused and without giving the complainant party any docket for the medical examination of the minor girl. When the complainant party went to Khushab and then to Jauharabad to get the minor girl medically examined, they were refused, due to the absence of a docket from the police. They again came to Police Station Naushera on 3-11-1985 and met Nazar Muhammad, Moharrir, who recorded a case under section 18 of Zina Ordinance, 1979, against the accused, instead of the under section 10 of the Zina Ordinance. The petitioner was charge-sheeted on 7-12-1985 in respect of his misconduct. The petitioner was held guilty of the misconduct by the Inquiry Officer on 3-1-1986. The S.P., Khushab, taking a lenient view of the matter, imposed penalty of forfeiture of two years' approved service. Being aggrieved by the said decision, the petitioner preferred an appeal before…

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