Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 20

Law: Surrender of Illicit Arms Act, 1991

Section: 10

(a) North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973------R.5---Constitution of Pakistan (1973), Art.212---Appeal to Supreme Court---Removal from service---Appellant, while posted as Additional District Judge, had unauthorisedly `awarded' a number of weapons i.e. the case property to various private persons including his brother and to himself without any justification nor had he any competence to do so---Release of weapons being patently illegal and in access of jurisdiction not vested in the appellant he was rightly punished by the competent authority---Law relating to release of such weapons etc. elucidated---Impugned of the High Court, therefore, did not suffer from any legal infirmity so as to call for interference by Supreme Court---Keeping in view the fact that all the weapons were returned and no pecuniary loss was caused to the Government or the State and that appellant, prior to the incident had more than 18 years service at his credit, the penalty of removal from service inflicted on the appellant was a bit on the higher side and ends of justice would be met with if removal from service was converted into compulsory retirement from service---Order accordingly. (b) West Pakistan Arms Ordinance (XX of 1965)--- ----S. 20---North-West Frontier Province Arms Rules, 1922, R.(ix)---Disposal of confiscated arms---Procedure. (c) Surrender of Illicit Arms Act (XXI of 1991)--- ---S. 10---Disposal of confiscated arms---Procedure. JUDGMENT CH. EJAZ YOUSAF, J.---This appeal with leave of the Court is directed against the judgment, dated 14-4-2003 passed by N.W.F.P. Subordinate Judiciary Service Tribunal, Peshawar (hereinafter referred to as the "Tribunal") whereby appeal filed by the appellant against his removal from service under sub-rule (4) of Rule 5 of the N.-W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973, was dismissed. 2. Briefly stated, the facts of the case are that the appellant while posted as Additional District Judge, Upper Dir, in the years 1997-98 "awarded" a number of weapons, free of cost, to various persons, which were confiscated to the State during trial of cases. Since Registrar of…

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