JUDGMBNT ' M, SALEM CHAUDHRY (CHAIRMAN).-In this Case the appellant has come up against an order dated 6th October, 1979 of the Deputy Commissioner, Sialkot, removing the appellant from service as Naib-Qasid in the office of the Resident Magistrate, Narowal. Also impugned is the order of the Commissioner, Lahore Division, dated 15th December, 1979 rejecting the appeal of the appellant.
2. Action was taken against the appellant on the ground that, along with Saghir Ahmed, Ahmad, and Joseph Mask Sweeper, he was found guilty of having accepted bribe from one Muhammad Idrees in order to send a release warrant to the District Jail, Sialkot, on acceptance of bail bonds in respect of Mohammad Gulzar, the brother of Mohammad Idrees.
3. The appellant impugns the DC's order of removal from service because a formal enquiry into the allegation of accepting bribe was dispensed with, the reports/documents on the basis of which action was initiated was not shown to the appellant and the complainant, i. e., Mohammad Idrees, was not examined nor the appellant given the opportunity to cross-examine Mohammad Idrees.
4. The parties were heard and the record of the case gone through. It appears that, in the first instance, a joint robkar was prepared by the Ahmad for the three persons in respect of whom bail bonds had been accepted. When the District Jail authorities refused to accept the joint robkar, separate robkars were prepared and conveyed to the Jail through the person of Joseph Month. The learned Deputy Commissioner, decided to dispense with the enquiry and although a personal hearing was given to the appellant, the complainant, Mohammad Idrees was not produced. The appellant was thus deprived of his due defence as he no opportunity to cross-examine the complainant.
5. Matters in which corruption is involved should not normally bej decided without taking evidence into account and without giving theI accused a chance to put in proper defence, as happened in the instantf case. Moreover, in this case the robkars were prepared by the Ahmad, Saghir Ahmed, and carried to the District Jail by Joseph Masih; sweeper, Prima fade the appellant had nothing to do with either the preparation of the robkar's or their conveyance to the District Jail.
' In view of the above facts, the appeal is accepted and the impugned orders dated 6th October, 1979 and 15th December, 1979 passed by the Deputy Commissioner, Sialkot, and the Commissioner, Lahore Division, are set aside.