Syed Arshad Ali, Member.--The appellant above-named being aggrieved and dissatisfied assailed the impugned order dated 28.01.2013 whereby major penalty of dismissal from service was imposed upon the appellant by the respondents. The appellant imposed upon the appellant by the respondents. The appellant preferred departmental appeal vide his appeal dated 23.02.2013 which was dismissed by the Respondent # 1 vide order dated 29.03.2013 hence this appeal praying that the impugned order be set aside and the appellant be reinstated in service with all consequential benefits.
2. The factual position in brief is that the appellant was appointed in Qalandar Wing, Pakistan Rangers Sindh on 28.07.1994. The appellant was issued charge sheet vide letter dated 24.01.2013 reproduced hereunder as: "The accused No, RC-95417 Rank Lance Naik Clerk name Khalid Khan of Qalandar Wing Pakistan Rangers (Sindh) is charged with:-- UNDER SECTION 15(1) OF PAKISTAN RANGERS ORDINANCE, 1959 READ WITH RULE-4 OF PAKISTAN RANGERS (EFFICIENCY, DISCIPLINE & APPEAL) RULES, 1967.
Misconduct in his capacity as a member of the Force, in that he. While serving in Qalandar Wing Pakistan Rangers (Sindh) Karachi kept illicit relations with the wife of R-183113 Sepoy Cook Akbar Khan with malafide intentions, which is clear violation of Standing Operating Procedures, thus prejudiced to good order and discipline of the force".
3. A departmental. Court of inquiry was conducted to inquire into the circumstances under which R-183113 Sepoy Cook Akbar Khan Ex 31 Wing Bhittai Rangers showed disgraceful/unbecoming behavior and RC-95414 Lance Naik Clerk Khalid Khan Ex Qalandar. Wing was involved in illicit relations with the wife of R-183113 Sepoy Cook Akbar Khan. The committee recommended strict disciplinary action against RC-95417 Khalid Khan for having illicit relations with R183113 Sepoy Cook Akbar Khan's wife. In addition, strict disciplinary action was also recommended against R-183113 Sepoy Cook Akbar Khan for not taking any strict action against his wife thus showing disgraceful/unbecoming behavior. Based upon the inquiry report, competent authority imposed major penalty of dismissal from service upon the appellant Khalid Khan hence this appeal.
4. The respondents in parawise comments averred that proper inquiry was held, proper opportunity of defence was provided to the appellant through which sufficient incriminatory evidence came on record and the appellant was dismissed from service on 28.01.2013.
Sufficient documentary evidence against him had come on record and so also the statement of star witness Akbar Khan Cook corroborates. The wife of complainant remained untraceable. The complaint was lodged by Akbar Khan Cook, his statement was recorded and was cross-examined at length by the appellant. Documentary evidence annexed is sufficient to prove the obnoxious conduct of the appellant. The complainant Akbar Khan had stated truth during the departmental proceedings. Question of debt was not the issue and it was planted subsequently by the appellant.
Akbar Khan had lodged complaint against the appellant, which was based upon facts and proved during the course of inquiry. The appellant if had been on leaved had liberty to go and visit the house of Akbar Khan Cook in his absence. There is no evidence that the appellant after sanctioned leave had proceeded to his home land. Proper inquiry was conducted as prescribed under the rules. The star witness of the case was cook Akbar Khan, whose statement was recorded and the said witness had fully implicated the appellant for his illicit relation with his wife and so also with other ill-reputed women. The appellant was found involved in obnoxious and nefarious 'activities hence his further retention in service of Nkistan Rangers was not warranted. The appellant was not innocent. He had relations with prostitutes, ill-reputed women as evident from the documents annexed with the parawise comments by the respondents hence his further retention in service in Pakistan Rangers was not warranted.
6. The learned counsel for appellant filed written synopsis and argued as well pleading therein that no evidence is available to indicate that the alleged abductee had ever been abducted by the appellant nor even till today the abductee had returned to the house of the complainant. No FIR was lodged against abduction of the complaint wife, even though alleged complainant not moved any application to the higher authority in this regard. No any complaint had been received by the respondents against appellant during his tenure. The appellant remained under investigation for twenty days. The allegation could not be proved during the investigation against the appellant and the wife of cook Akbar could not be recovered from the custody of the appellant. Major punishment i,e, dismissal from service is highly against the principle of natural justice. During the purported inquiry, the witnesses namely Khalid Mehmood, Mumtaz Ahmed, Sharifullah, Anwar, Tarique Mehmood, Nazir were examined by the inquiry committee and admittedly no iota of evidence against the appellant had come for the alleged offence, nor none of the witness had ever averred single word that the appellant was ever seen by them with the wife of the complainant, as such, without availability of substantial evidence no one can be held as guilty of the offence. Inquiry officer though conducted inquiry of witnesses but admittedly the wife of alleged complainant did not appear before the inquiry committee nor her evidence could be recorded nor even the inquiry officer was bothered to send the notices to wife of complainant. Since the wife of the complainant could not be produced by the complainant who was the star witness, the entire case of the complainant is not trustworthy and even no evidence is available to connect the appellant with the case.
7. The charge sheet was issued and Court of inquiry was constituted for conduct of inquiry. A regular inquiry was thus conducted, all relevant witnesses were examined , and cross-examination was done besides the questions were also put to them by the inquiry committee. A comprehensive statement of accused # 1 Sepoy Cook Akbar Khan and accused # 2 Naik Clerk Khalid Khan were recorded besides other witnesses. Full opportunity was provided to the appellant and other relevant witnesses to cross-examine. The appellant in his statement had confessed before the inquiry committee of his liaison and illicit relations with the wife of Cook Akbar Khan. The Hon'ble Supreme Court with regard to confessional statement in cases of misconduct by the civil servant held as reported in 2009 SCM R 1025:-- "2. The charge against the petitioner was that on 9.7.2003, in P.M.O. Colony, he attempted to rape Mrs. Surila, wife of Nazakat Khan, who had visited Medical Centre to meet Senior Nurse. Aziz-un- Nisa, after having learnt that the latter required a maid servant. The above charge is fully proved during regular inquiry conducted by the Committee. He had fully been associated with the proceedings; the witnesses were examined in his presence; he cross-examined them according to his, choice; was given show-cause notice and above all, he had confessed his guilt in writing. The above charge is proved and hence the action against him cannot be taken an exception to"
In 1989 SCM R 496, it was held by the Hon'ble Supreme Court as under:- "The petitioner gave statement in writing dated 15.9.1982 which we have perused. In this he confessed about his guilt. The statement was made voluntarily. It is the truth. Hence, we don't find any weight in any one of the submissions. The result is that the petition stands dismissed".
8. In view of the confessional statement before the committee and the discussion made, the appeal merits no consideration and is hereby dismissed with no order as to costs.
9. Parties be informed accordingly.