Law:

Section:

Pakistan Rangers Ordinance (XIV of 1959)-------S.15(1)---Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, R.4---Service Tribunals Act (LXX of 1973), S.4---Reduction in rank and dismissal from service---Appeal---Appellant lastly .working as `Lance Naik' was reduced in rank and was dismissed from service on charges of misconduct---Allegation against appellant was that Deputy Superintendent Rangers, accompanied with his subordinates including appellant had raided the house of one civilian unauthorisedly---All accused including appellant were examined in Court of Enquiry where they all denied to have conducted raid, but Court of Enquiry had opined that appellant had knowingly made a false statement before the Court and recommended stern disciplinary action against him---Neither said Deputy Superintendent Rangers, was examined nor person whose house was allegedly raided, was called before the Court of Enquiry---Entire case against the appellant and other accused was based on evidence of one `Nark' who made probe in the matter on receiving telephone call about alleged raid, but said Naik was not an eye-witness of the occurrence--­Naik had alleged that appellant and others had confessed their guilt in his presence which could be termed as `extra-judicial confession', but same was denied by the appellant and others before the Court of Enquiry--­Evidence before the Court of Enquiry was scanty and findings/ recommendations of the Court of Enquiry were based on presumption only that appellant and others had confessed their guilt due to which appellant was punished---No case having been made out against appellant, order of reduction of his rank and then order of his dismissal from service, were set aside and he was directed to be reinstated in service in the same position from which he was dismissed from service with all back-benefits. Ghulam Mustafa Lakho for Appellant. Major Falak Naz, DR for Respondents Date of hearing; 2nd July, 2003. JUDGMENT AKBAR M. MEMON, MEMBER.---Appellant hereinabove, who was lastly working as Lance Naik G.D. with the respondents, has challenged the order dated 3-6-2000, whereby he was reduced in rank and dismissed from service…

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