JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN. - By our short order dated 3.2.2006, the appeal was allowed and the matter was remanded to respondent No. 2, for the reasons to be recorded later-on. These are our reasons;
2. Appellant on account of his involvement in Criminal Case No. 25/1999 U/S. 395, P.P.C, registered at P.S. Brigade, Karachi, was proceeded against departmentally and was dismissed from service vide order dated 23.10.1999 passed by the then Senior Superintendent of Police, Karachi:East.
Feeling dis-satisfied, appellant preferred departmental appeal to the then Deputy Inspector General of Police, Karachi on 8.2.2000, which was forwarded to the Senior Superintendent of Police, Karachi for comments and inquiry. An inquiry was also got conducted through D.S.P., whain his report exonerated the appellant. Meanwhile, appellant vide judgment dated 25.7.2003 was acquitted from criminal case by learned IInd Additional Sessions Judge, Karachi-East. The copy of said acquittal judgment as per appellant was also supplied to the respondent No. 2. However, as it appears, neither the finding of the inquiry officer nor the acquittal judgment passed in favour of the appellant was considered and his departmental appeal was rejected by order dated 22.5.2004.
3. Admittedly, the sole basis for awarding major penalty to appellant was his involvement and arrest in a criminal case, which has already ended in acquittal. No departmental inquiry was conducted against the appellant in respect of the said criminal charge. On appellant's departmental appeal, an inquiry was conducted by one D.S.P., who exonerated the appellant. There was thus nothing against the appellant. However, for the reasons best known to the respondent No. 2 the acquittal judgment as well as the inquiry report were not considered. Under the law acquittal judgment must be given due consideration in absence of departmental inquiry.
4. Accordingly, the impugned appellate order dated 22.5.2004 passed by respondent No. 2 is set aside and matter is remanded to him for passing fresh speaking order within 60 days period after taking into consideration the acquittal judgment passed in favour of appellant so also the findings of the Inquiry Officer. The appellant's departmental appeal deemed to be pending. No order as to costs.
5. Given under our hands and seal of the Tribunal this 18th day of February.