' S. HAPEEZ-UR-REHMAN (MEMBER).-Through this appeal Ghulam Hussain, Ex-Police Constable, wants this Tribunal to set-aside the order of his dismissal from service which took place on 24th August, 1978 at the hands of the S. S. P., Faisalabad. He has already exhausted the departmental remedies, his appeal to the D. L-G. Sargodha Range, having been rejected on 13th October, 1979 and a revision petition to the 11.-G. P. Having been turned down on 3rd April, 1980.
2. The facts of the case which culminated in the appellant's dismissal have been laid down in detail in the case of Muhammad Saleem in Appeal No, 308/628 of 1980 decided by this Tribunal on 17th February, 1981. The appellant and Muhammad Saleem were co-accused in the subject matter of the case against them and were dismissed by a single joint order. In the arguments before us the plea was made on behalf of the instant appellant that since the appeal of Muhammad Saleem had been accepted the present appeal too was liable to be accepted on the same grounds. We find, however, that the roles of the two in the act which made the basis of the charge against them are distinguishable from each other. Muhammad Saleem had claimed that he was not even present when the bribe of Rs, 400 was paid while the accusation in the appellant's case is that he was caught red-handed with the tainted money. Be that as it may, this Tribunal had observed in the case of Muhammad Saleem that he had been condemned unheard and that it being a case of corruption an enquiry was imperative. The same can be said about the present case. It is also to be noted that the High Court had acquitted the appellant of the charge for which be was sentenced to fine and imprisonment by a Military Court.
3. Without going into the merits of the case, therefore, we remand the case to the S. S. P., Faisalabad, and direct him to hold a regular enquiry in which the appellant is given due opportunity to defend himself and to be heard in person. In the meantime the order of the dismissal dated 26th October, 1978 is set aside, as are the orders dated 13th October, 1979 and 3rd April, 1980.