' Through this appeal, appellant has challenged orders dated 4.9.2013 & 4.12.2013 (Departmental appellate order), whereby punishment of reduction in rank from ASI to HC was inflicted upon the present appellant.
2.The Superintendent of Police, Punjab Highway Patrol, Region Gujranwala issued show-cause notice Bearing No. 870/PA dated 15.5.2012 against the present appellant on the following charges:-- "On 11.5.2012 at about 7:58-am Reader to the SP/PHP Gujranwala Region carried out a surprise visit of the post and checked the Arm & Ammunition of the post. During the inspection it has been revealed that one Breeta Pistol No. H58581Z which has been in his custody have been found missing from the Kot. During inspection, he failed to provide any plausible reply in this regard."
' Pursuant to the above said charges, the Superintendent of Police, Punjab Highway Patrol, Region Gujranwala vide order dated 4.9.2015 by invoking the provisions of Punjab Police (E&D) Rule, 1975 awarded the appellant major penalty of reduction in rank from ASI to HC. Against this order, the appellant filed departmental appeal, which was rejected by the Deputy Inspector General of Police, Punjab Highway Patrol, Lahore vide order dated 04.12.2013. Hence, this appeal.
3. Arguments advanced by the learned counsel for the appellant as well as learned D.A heard and record perused.
4. Learned counsel for the appellant referred copy of Order No. 12836/AC dated 23.10.2012 passed by the Addl: Inspector General of Police/CCP, Lahore on the same subject.
' Pursuant to the direction of the Superintendent of Police, Punjab Highway Patrol, Region Gujranwala, Mr. Aman Ullah Khan, DSP/PHP Hafizabad was deputed to conduct regular departmental inquiry into the matter vide his office Order No. 03/PA dated 10.01.2013, who conducted the detailed inquiry and submitted the inquiry report before the authority vide No. 16/R dated 14.1.2013. After receiving the inquiry report from inquiry officer, the Respondent No. 1 (Superintendent of Police, Punjab Highway Patrol, Region Gujranwala) constituted an inquiry committee comprising upon DSP/PHP (Chairman), Hafizabad, OSI/PHP, Gujranwala Region (Member-I) & In charge PHP Saroki Gujrat (Member-II). The inquiry committee after conducting inquiry submitted inquiry report to the authority on 06.03.2013 with the opinion that the appellant should also be directed to deposit cost price of Pistol on monthly installment basis at Rs.5000/- per month.
5. It is established on the record that DIG/PHP, Punjab Lahore vide office Memo No. 9779/Store/PHP/Hqrs dated 15.07.2013 observed for departmental action but also for the deposit of ,cost of Breeta Pistol. On the direction of Superintendent of Police, Punjab Highway Patrol, Region Gujranwala, the appellant had deposit Rs.300,000/- in National Bank of Pakistan Civil Lines Branch Gujranwala under head of CO-2640 on 06.08.2013. It is also admitted fact that on the complaint of the appellant FIR No. 337/12 u/S. 380, PPC was registered at PS Aroop District Gujranwala. There is no cavil that the official weapon mentioned above was lost at the hands of the appellant and he is guilty of negligence but the available record does not speak that the said Breeta Pistol was lost or misappropriated by the appellant with mens rea, malice and ulterior motive in the PI performance of official duty. In the present case as mentioned above, no indication of any bad intention, personal motive, deliberate or willful commission for the lost of the pistol in question is found.
Penalizing the appellant in the instant case in absence of cattiness, especially when he has already paid the entire price of the said weapon, is not justified.
6. Learned counsel for the appellant submitted a copy of Order No. 12836/AC dated 23.10.2012, whereby one Muhammad Bukhsh SI No. 646/L was awarded punishment of removal from service on the charge of lost of Breeta Pistol, he assailed the orders before the higher authorities (Addl: Inspector General of Police,/CCP0, Lahore) who by taking lenient view, reinstated him in service with immediate effect with the direction that total amount of Breeta Pistol i.e Rs. 300,000/-be deducted from his salary in installments of Rs.10,000/- per month and period he remained out of service be treated as without pay. The learned counsel for the appellant further contended that in such a situation, as per Article 25 of Constitution of Islamic Republic Pakistan, 1973 the appellant is entitled for equitable treatment.
7. In the light of what has been discussed above and on the touch stone of Article 25 of Constitution of Islamic Republic Pakistan, 1973 which deals about the equality of citizen, instant appeal is accepted, impugned orders are set aside and the appellant is restored in its original Rank of ASI.
Consequences to follow.