' Through, this appeal, appellant has challenged orders dated 3.9.2013 and 28.1.2014, whereby punishment of dismissal from service was inflicted upon the present appellant.
2. Arguments heard and record perused.
3. Earlier, the Senior Superintendent of Police, Operations, Lahore issued show-cause notice Bearing No. 125/PA dated 17.2.2010 against the present appellant on account of his misconduct. Upon which, DIG/Operations, Lahore awarded him punishment of dismissal from service vide order dated 5.11.2010. Against the said order, departmental appeal was also rejected on 03.02.2011. The appellant challenged the said order by filing service appeal Bearing No. 2914/2011, which was allowed and the case was remanded to the CCP Lahore for disposal of the same in accordance with law vide order dated 01.02.2012. During the post remand proceedings, the competent authority got conducted the departmental regular inquiry. Mr. Sohail Akhtar Sukhera, PSP Sr. Superintendent of Police, Operation, Lahore carried out the regular inquiry and submitted his report by exonerating the appellant in the following manner:-- "In the light of the above scenario, Constable Akbar Ali No. 11579 (Now 10743/C) is exonerated from the charge levelled against him however, he should warn to be careful in future and to become a law abiding citizen as well as Police Officer."
4. After perusing the report and other record, the CCPO Lahore disagreed with the finding of the inquiry officer and without taking into consideration the relevant provisions of the PEEDA Act, 2006 imposed the punishment of dismissal from service against the present appellant. Again, the appellant filed departmental appeal/revision, which was ultimately rejected by Inspector General of Police Punjab, Lahore vide order dated 28.01.2014.
5. Careful scanning of the order of the CCPO Lahore would manifest that at the time of disagreeing with the report submitted by the inquiry officer. CCPO Lahore did not give any cogent reasons for disagreeing with the findings of the inquiry officer.
6. The CCPO Lahore was duty bound to examine the matter in terms of Section 13(3) of the PEED Act, 2006 but it was not done in .He present case, nor the CCPO opted to invoke the provisions of Section 13(6) of the act ibid, thus committed illegality. Reliance is placed on 201.1 PLC (CS) 1236 titled Muhammad Bashir Abbasi vs. Government of the Punjab. Section 13(6) of PEEDA Act , 2006 is reproduced as under: -- "Where the competent authority is satisfied that the inquiry proceedings have not been conducted in accordance with the provisions of this Act or the facts and merits of the case have been ignored or there are other sufficient grounds, it may, after recording reasons in writing, either remand the inquiry to the inquiry officer or the inquiry committee, as the case may be, with such directions as the competent authority may like to give, or may order a de novo inquiry,"
7. It is also noticed that criminal case FIR No. 24/2010 dated 05.02.2010 under Sections 3/4 Kite Act Police Station Hadiyara was registered against the present appellant and after the investigation of the said case, the appellant was sent to the competent Court of law to face the trial in the said case. Annexure-G is the photocopy of the order of the Hon'ble Judicial Magistrate 1st Class, Lahore Cantt. Dated 10.11.2010 showing that the present appellant was acquitted from the charge. Nothing is available on the file that against the said order, the department went before the higher form in order to get the order of the Judicial Magistrate set aside. In this situation, when the said order was not further challenged, it has attained the finality. It is settled law that when an accused official is acquitted from criminal charge after trial by the competent Court of law, he can not be ousted from his service. By taking legal light from the dictum of Hon'ble Supreme Court of Pakistan reported in 2003 T.D (Services) 339, appeal is accepted, impugned orders are set aside and the appellant is reinstated in service with immediate effect with all back benefits.