Law:

Section:

Pakistan Railways Police (Efficiency and Discipline) Rules 1996-------Rr. 2(iii) & 7(2)(3)---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellants serving as constables, were dismissed from service after issuing them show-cause notices and holding inquiry against them on charge of unauthorized absence from duty on relevant date when due to their absence a dacoity took place in train in which they were to perform their duties---Appellants having admitted their unauthorized absence from duty, burden of proving reasonable cause of such absence was on them, but they failed to do so---Appellant failed to inform S.H.O. or other concerned officers about their absence and they could not assign any plausible reason for not informing concerned Authorities despite a lot of time was available to them---Such act of extreme negligence could never be condoned and appellants must have known that their duty was of extremely sensitive nature---Despite alleged discrepancies in disciplinary proceedings taken by the Authorities, charge of remaining absent from duty without intimation stood proved, but there was no allegation against appellants of any collusion, conspiracy or in any way their involvement in dacoity in the train---Taking into consideration lapses on either side, plea of harshness of punishment urged by appellants, was accepted---Punishment of dismissal from service awarded to appellants was modified and same was converted into withholding of their increments for a period of three years from the date of their dismissal from service---Appellants were reinstated in service from date of their dismissal with back-benefits as per modified punishment for the period they were not gainfully employed elsewhere. 1993 PLC (C.S.) 643; 1985 PLC (C.S.) 478; 1997 SCMR 1073; 1999 PLC (C.S.) 409 = 1999 SCMR 819, 1999 SCMR 819; 1983 PLC (C.S.) 17; PLD 1994 SC 275; PLD 1994 SC 275 = 1994 PLC (C.S.) 612; 1993 SCMR 1440 & 1997 PLC (C.S.) 348; 1988 SCMR 1756; 1987 PLC (C.S.) 528; 1983 SCMR 229; 1992 PLC (C.S) 490; 1993 PLC (C.S.) 698; 2001 MLD 690; 1998 SCMR 2268 and 2000 PLC (C.S.) 857 ref. Sanaullah Noor Ghouri for Appellants. Muhammad Asghar for…

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