' Syed Arshad Ali, Member.--The appellant above-named being aggrieved and dissatisfied through the instant appeal assailed the impugned order dated 29.07.2011 whereby the major penalty of dismissal from service was imposed upon the appellant together with two years rigorous imprisonment. The appellant preferred representation against the impugned order vide his appeal dated 25.08.2011 which was rejected by the competent authority vide letter dated 21.09.2011; hence this appeal praying that the impugned order of dismissal and imprisonment be set aside and the appellant be reinstated in service.
2. The factual position as per memo. Of appeal is that the appellant was appointed as Sepoy (General Duty) in Pakistan Rangers in May 1999. The appellant was taken into custody and confined in the Quarter Guard at 61 Wing Hyderabad.
3. The appellant thereafter filed Const. Petition # D2474/2011 before the Hon'ble High Court of Sindh at Karachi wherein it was disclosed that the appellant was facing the inquiry on charges of anti- state and espionage activities and the same was disposed of with direction to allow the parents to meet.
4. A Court of Inquiry was constituted with Lt. Col. Kamran Khan as President with Major Attaullah Pasha, Deputy Superintendent Rangers 33 Wing Qasim Rangers, and Deputy Superintendent Field Security Wing (Interior) as Members. The appellant was charged as under:-- "he, while serving in 72 Wing Indus Rangers, involved himself in espionage activities by establishing link and developing relation with notorious smugglers border crossers. He had also handed over the classified, documents to smuggler/border crosser namely Aslam Areesar"
' The Court of inquiry after exhausting due process opined that Sepoy General Duty Ejaz Ahmed had been found involved in the espionage activities and recommended strict disciplinary action. The competent authority imposed major penalty of dismissal from service together with two years rigorous imprisonment in terms of Section 15(1) of Pakistan Rangers Ordinance, 1959 read with Rule- t4 of Pakistan. Rangers (Efficiency, Discipline & Appeal) Rules, 1967 hence, this appeal.
5. The respondents in parawise comments submitted that the appellant was taken into custody after a scrupulous intelligence investigation. He not only developed the links with the notorious smugglers but also developed relations and links with Aslam Areesar and his brother Qaim Areesar for his anti-state activities. He also passed on/provided classified documents and secret information to them. Appellant was taken into custody under the relevant provisions of law against espionage activities. He was treated as per law and was provided opportunity to put his version as per law. Appellant started indulging in espionage activities coupled with subversion intentions against the state in collaboration with enemies of state. Under the circumstances he was rightly punished with 2 years RI. Respondent department proceeded strictly under the law and awarded him the punishment under the law after conducting proper Court of inquiry. He was provided opportunity to rebut the allegations and forward the evidence, if any with him, but he failed to pin point even a single example by virtue of which, he could say with certainty that summary trial was not proceeded fairly. The activities of appellant was so categorically evident. The respondent department conducted all proceedings under the provisions of Pakistan Rangers Ordinance, 1959 and the Pakistan Rangers (Efficiency, Discipline & Appeal) Rules, 1967 and has not even taken even a single step contrary to the statue. The appellant should have thought thousand times for his homeland, about the family/dependent and their future before joining hands with notorious smugglers and enemies of State.
6. The learned counsel for the appellant submitted written synopsis and argued as well as pleading that the appellant was falsely implicated/involved in espionage activities. The appellant had not developed relations with notorious smuggler/border crosser nor handed over classified documents to smuggler/border crosser namely Aslam Areesar which was even not known to the appellant. The statement of Areesar was recorded neither by the Board of Inquiry committee nor exhibited in the entire proceedings of alleged case before the DG Rangers during trial. At the time of complaint i,e, 25.02.2009, the appellant was performing duty in Karachi. The appellant was taken into custody on 18.04.2011 from Wing 33 at New Chhor and handed over to Wing 61 Qasim Rangers Intelligence. The appellant was maltreated by the Intelligence owing to which he become seriously ill and complained of acute ailment of blood in urine. The signatures of appellant were taken on blank papers; the rangers is not a para-military force and the respondents also failed to disclose the allegations as to where the appellant committed the offence at the time of complaint? In addition, respondent also failed to produce Aslam and Qasim before this Tribunal. There arises a question if the appellant was involved in anti-state activities; the punishment of the said offence is 14 years or life imprisonment then why it was not awarded which is suggestive of the fact that the case was forged and fabricated.
7. While going through the inquiry report of Board of Inquiry presided over by Lt. Col. Kamran Khan, it transpired during the crossexamination/questioning that the appellant had confessed that he developed intimacy and link with Areesar during travelling where exchange of mobile cell numbers took place. The appellant since was fond of liquor/alcohol/wine, he then at first inquired from Areesar about the availability of wine. The Areesar gleefully promised to provide him. Areesar in lieu thereof demanded some books, and classified documents and the photographs of Army locations in Chhor. In addition, the appellant was also asked by Aslam Areesar to bring one cotton suit for him. The appellant had confessed to have obtained wine from Areesar. The inquiry thus established that the appellant developed link with notorious border crosser Areesar and his brother Qasim Areesar. Be that as it may, the Rangers is entrusted the task of protecting the country's borders, besides to keep strong vigil on those elements, who are involved in anti-social, anti-state and espionage activities on both sides of the fence. In addition abstaining from socializing with the civilian population is concomitant to ranger's charter of duties.
8. We are of the considered view that misconduct is established beyond any shadow of doubt. The appeal therefore merits no consideration and is hereby dismissed with no order as to costs.
9. Parties be informed accordingly.