Law:

Section:

Sindh Police (Efficiency and Discipline) Rules, 1988----- R. 12---Police Rules 1934, R. 16.28---Constitution of Pakistan (1973), Art.212(3)---Police Officer was proceeded against on charge of misconduct; was charge-sheeted and inquiry was held against him and he was found innocent and Senior Superintendent of Police exonerated him---Deputy Inspector-General of Police, while disagreeing with the findings recorded by Senior Superintendent of Police, issued a notice in terms of R.12 of Sindh Police (Efficiency and Discipline) Rules, 1988 to the official to show cause as to why penalty of dismissal from service should not be imposed upon him---Deputy Inspector-General thereafter found the official guilty of charge against him and awarded penalty of forfeiture of two years approved service---After rejection of departmental appeal, official challenged impugned order before Service Tribunal which was struck down vide order impugned in the petition for leave to appeal by the Authority---Tribunal, after comparison of R.16.28 of Police Rules, 1934 with R.12 of Sindh Police (Efficiency and Discipline) Rules, 1988, had recorded a categorical finding that in view of material change in latest Rules, Deputy Inspector-General was not competent to call for record of a decided case and inflict punishment in the case in which it had not been awarded---Appellate or Revisional Authorities under the latest Rules were no longer vested with power to alter a finding of exoneration from charge into a finding of guilt---Deputy Inspector General of Police thus, could not convert a finding of "not guilty" into finding of "guilty" or to alter finding of 'exoneration' into finding of "proved guilty"---No other ground having been urged in support of petition, same being without any merit, was dismissed. Dr. Qazi Khalid Ali, Additional Advocate-General, Sindh and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioners. Respondent in person. Date of hearing: 10th November, 2004. JUDGMENT RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against judgment, dated 28-5-2002 of the Sindh Service Tribunal (hereinafter referred to as the Tribunal) accepting respondent's appeal against…

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