JUSTICE (R.) QAISER IQBAL, CHAIRPERSON --:-The appellant is aggrieved with the original final order dated 22.02.2017 passed by the Senior Superintendent of Police, Investigation, W est-II, Karachi on the following terms:--- "1. "In pursuance of the orders passed by the Honourable Supreme Court of Pakistan dated 22.09.2015, in Criminal Misc. Applications No, 52-K and 90-K to 92-K of 2014 in Crl. P. No, 89-K of 2014, the committee consisted upon Dr. Sanaullah Abbasi, PSP Addl. IGP CTD/Sindh Karachi, Mr. Sultan Ali Khawaja, PSP DIGP/CIA, Karachi and Mr. Naeem Ahmed Shaikh, PSP AIGP/Establishment Sindh Karachi, for screening out the police personnel having major punishment on persistent misconduct and those against whom criminal cases were registered.
Recommendation of the committee received through the Addl. IGP Special Branch, Sindh Karachi's. letter No, SBS (48)/121071 1/2016, dated 14.12.2016 and Addl. IGP Karachi Range letter , No, EB/E-II/DP/2016/145309- 19, dated 28.12.2016."
2. He was heard in person before the committee and his record was also perused /examined which was not good and found unsatisfactory . He remained involved in serious allegations. Hence, the committee recommended that he may be awarded major punishment of Compulsory Retirement from Service."
He has submitted reply to the Show-Cause Notice his written as well as oral expla nation are found unsatisfactory .
Therefore, in light of recommendation of the committee as mentioned at para-2 above, he is awarded major punishment of Compulsory Retirement, from Service with immediate effect."
2. The appellant is also aggrieved with the appellate order , rejecting the appeal dated 14.04.2017, passed by the Deputy Inspector General of Police, W est Zone, Karachi which is reproduced herein below:-- OFFICE OF THE DEPUTY INSPECT OR GENERAL OF POLICE WEST ZONE, KARACHI NO. DIGP/WZ/EB/DP/221 18-20/2017 KARACHI, DA TED 14.04.2017 READ IOrder No, SP/INV -H/w/DP/1408-15, dated22.02.2017 passed by the SP/Investigation-II W est Zone, Karachi regarding major punishment of Compulsory Retirement from Service. IIAppeal /Petition by Ev-PC/18479 Mehtab Shaikh of PS Kh. Ajmair Nagri, Investigation- II, W est Zone, Karachi against the above order . IIIComments furnished by SP/Investigation- H, W est Zone, Karachi vide No, SSP/INV -11/W/DP/2508-09. dated 11.04.2017.
I have gone through the relevant record and found that he was awarded major punishment of Compulsory Retirement from Service on the recomme ndation of Committee constituted in-pursuance of the orders passed by the Honourable Supreme Court of Pakistan dated 22.09.2015 in Criminal Misc. Applications No, 52/K and 90/K of 2014 in Crl. P . No, 89-K of 2014 as such, his appeal is filed.
Sd/- (ZULFIQAR ALILARIK) PSP , DEPUTY INSPECT OR GENERAL OF POLICE WEST ZONE, KARACHI
3. The facts giving rise to the appeal are that the appellant working as Constab le was served with show-cause notice dated Chairperson.) 09.2.2017, which reads as under:-- OFFICE OF THE SENIOR SUPERINTENDENT OF POLICE, INVESTIGA TION-H, WEST ZONE, KARACHI.
NO. SSP/INV/W -II/DP/897/17 KARACHI DA TED: 09.02.2017 FINAL SHOW -CAUSE NOTICE Whereas, you PC/18479 Mehtab Shaikh of Kh. Ajmer Nagri, P.S.....Investigation West-II. Karachi , had been issued Show-Cause Notice bearing No, SSP/INV -II/WZ/DP/483/Karachi, dated 20.01.2017. on the following ground: GROUND OF ACTION "In pursuance of the orders passed by the Honourable Supreme Court of Pakistan dated 22.09.2015,' in Criminal Misc. Applications No, 52-K and 90-K to 92-K of 2014 in Crl. P. No, 89-K of 2014, the committee consisted upon Dr. Sanaullah Abbasi, PSP Addl. IGP CTD/S indh, Karachi, Mr. Sultan Ali Khowaja, PSP DIGP/CIA, Karachi and Mr. Naeem Ahmed Shaikh, PSP AIGP/Establishment Sindh Karachi, for screening out the police personnel having major punishment on persistent misconduct and those against whom criminal cases were registered.
Recommendation of the committee received through the Addl. IGP Special Branch. Sindh Karachi's letter No, SBS(48)/12107-1 1/2016, dated 14.12.2016 and Addl. IGP Karachi Range letter , No, EI3/E-1 1/DP/2016/145309-19, dated 28.12.2016."
You were heard in person before the committee and your record was also perused . Your record is not satisfactory .
You have a chequred record and as such , you are therefore, recommended to be awarded with major punishment of "Compulsory Retirement from Service."
Since, the above Show-Cause Notice was issued to you, but you have failed to submit with written reply after lapse of stipulated period.
Therefore, I Dr: Samiullah Soomro PSP. Senior Superintendent of Police, Investigation-II West Zone, Karachi , being authority Called upon you to Show-Cause Notice finally within (07) seven days, of the receipt of this Notice, as to why a major punishment including "Dismissal from Service " as defined in Removal from Service (Special Powers) Sindh Ordiance-2000 should not be awarded to you and also state at the same time whether you desire to be heard in person.
And in case your reply is not received within the specified period, it shall be presumed that you have nothing to say in your defence and the decision shall be taken ex parte on merit.
(DR. SAMIULLAH SOOMRO) PSP SENIOR SUPERINTENDENT OF POLICE INVESTIGA TION, WEST -H, KARACHI
4. The appellant submitted a reply to the show-cause notice which is reproduced herein below:--- The Senior Superintendent of Police Investigation-II, W est Zone, Karachi.
Subject: REPL Y TO THE SHOW -CAUSE AND FINAL SHOW -CAUSE NOTICES.
Respected Sir , It is humbly submitted that earlier while I was on 30 days EL which was granted to me vide your office Order No, SSP/INV .II/WZ/EB/80-81, dated 06.01.2017 (copy enclosed), I could not reply to the SCN No, SSP/INV/W .II/DP/483, dated 20.01.2017. Now a Final Show-Cause Notice has been issued to me on the same allegations vide No, SSP/INV .W.II/DP/897, dated 09.02.2017. I submit reply to both the notices as under:--- The major punishment of compulsory retirement as recommended by the enquiry committee of patchy record for me is not justified because I do not maintain chequered record as pointed out by such committee. The recommendation of the enquiry committee is based on a minor punishment of stoppage of one year increment which was granted to me by the SSP Central on the unverified and un-inquired charge that I often leaved secrecy of the department to the outlaws about the upcoming raids vide Final Order No, SSP/C/DP/21816- 24, dated 05.11.2013 (Copy enclosed). Such unjustified minor punishment cannot from basis for compulsory retirement as recommended by the enquiry committee of patchy service record as I was not involved in leaking information about the raid to the criminals during my posting at PS Azizabad.
The fact remains in this regard is that during my tenure of posting at PS Aziza bad, 1 arrested many criminals resulting in the recovery of unlicensed weapons. The details of such cases are as follows:--
(1) F.I.R. No 82/2001 under Section 13(d), A.O
(2) F.I.R. No, 224/2001 under Section 3/4, Prohibition Order .
(3) F.I.R. No, 230/2001 under Section 392/34, P .P.C.
(4) F.I.R. No, 231/2001 under Section 13(d), A.O.
(5). F .I.R. No, 60/2002 under Sections 353/324/34, P .P.C.
(6) F.I.R. No, 61/2002 under Section 13(d), A.O.
(7) F.I.R. No, 212/2015 under Section 6/9(b), CNSA
(8) F.I.R. No, 213/2015 under Section 5-A, Gambling Act.
Apart from arresting the hardened criminals in the above cases, criminals in the following cases were arrests on my personal information:--
(1) F.I.R. No, 231/2015 under Section 5-A, Gambling Act.
(2) F.I.R. No, 232/2015 under Section 6/9(b), CNSA I was granted on CC-I and 03 CC-III by the senior officers with cash for displaying excellent performance in the arrest of the criminals. Unfortunately some official of Special Branch gave a wrong report that I was involved in leaking information of raids to the criminals and on the basis of such misleadin g report, I was awarded minor punishment of stoppage of one year increment by the then SSP Central although I was not involved in any such act which is evident from my working as the same clearly shows that I was taking action against the criminals.
From the above facts it is evident that recommendation of the enquiry committee in my case is not only against the law but also against the order passed by the Honourable Supreme Court of Pakistan for screening out of only those police officers as under the direction of the apex Court grievous act of misconduct. I am working in Police department for the last 21 years with honesty and devotion. Hence it is in the interest of justice that the matter is referred back to the enquiry committee of patchy service record to reexamine the same in the light to my service record especially the record relating to arrest of criminals so that I may not be retired compulsory as I was not involved in the alleged act of leaking information of raids to the criminals during my tenure of posting at PS Azizabad.
It is therefore requested that the SCN and FSCN may kindly be filed in the light of above facts especially considering my performance. I may also be heard in person.
Yours obediently , Sd/- (MAHT AB SHEIKH)
PC/18479 PS Kh: Ajmer Nagri (Iny-II)
West Zone Karachi
5. The appellant preferred appeal against the original order , whereby the major punishment of compulsory retirement from service was awarded.
6. The respondent No, did not tile written statement, being proforma party , proceeded ex pane and debarred from filing written statement.
6. In the written statement filed by respondent No, 2 submitted that the matter does not pertain to respondent No, 2 and prayed for deciding the appeal on merits.
7. The respondent No, 3 in the written statement submitted that the appellant was appointed as Police Constable in Police department in the year 1996. It is stated that SSP Invesiigation-1 1 West Zone issued a show-cause notice on 20.1.2017 and Final show-cause notice on 9.2.2017 to the appellant in pursuance of orders passed by the Honourable Supreme Court of Pakistan dated in Criminal Misc. Applications No, 52-K and 90-K to 92-K of 2014 in Crl. P. No, 89-K of 2014, the committee was consisted upon Dr. Sanaullah Abbasi, PSP Addl. IGP CTD/Sindh Karachi, Mr. Sultan Ali Khowaja, PSP DIGP/CIA, Karachi and Mr. Naeem Ahmed Shaikh, PSP AIGP/Establishment Sindh Karachi, for screening out the police personnel having major punishment on persistent misconduct and those against whom criminal cases were registered. Recommendation of the committee received through the Addl. IGP Special Branch, Sindh Karachi's letter No "SBS (48)/12107-1 1/2016, dated 14.12.2016 and Addl. IGP Karachi Range letter No, EB/E-II/DP/2016/145309-19, dated 28.12.2016. The appellant was heard. in person before the committee and his record was also perused and found not satisfactory . Being chequered record the appellant was recommended to be awarded with major punishment of Compulsory Retirement from Service. He remained involved in serious allegations. Hence on recommendation of committee he was awarded major punishment of Compulsory Retirement from Service by SSP Investigation-II West Zone on 22.2.2017. Later on, the appellant preferred departmental appeal to DIGP West Zone (Respondent No, 3) which was filed by the DIGP West Zone, Karachi on 14.4.2017 in pursuance of the order of honourable Supreme Court of Pakistan dated .22.9.2015. In the end, he prayed that the appellant is not entitled for any , relief.
9. Learned counsel' for the appellant has contended that a legal vested right has been accrued in favour of the appellant, he is liable to be reinstated in service. He had twenty years unblemished service record. On the recommendations of the inquiry committee punishment of stoppage of one year increment was granted to. the appellant by SSP Central on the allegations levelled against him. The appellant was not personally heard before passing major punishment after the recommendation by the committee formed under the order of apex Court in Criminal Original Petition No, 89-K of 2014 for screening out the police personnel having patchy service record whereby Article 13 of the Constitution was flouted which tantamount to double jeopardy , taxing a civil servant twice on the basis of allegation.
10. In view of the above circumstances the impugned orders are not sustainable in law which are hereby set aside.
The appellant is hereby reinstated in service with all back benefits.